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In all shoreland areas the removal of natural vegetation is prohibited within 50 feet of the ordinary high water level except that a strip not to exceed 12 feet in width may be clear cut to the water’s edge to afford access to the water.
(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)
(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)
Excavations of shorelands where the intended purpose is to create a connection to a public water shall require the issuance of a conditional use permit. Granting of the permit shall be contingent upon issuance of a public waters work permit by the Minnesota Department of Natural Resources.
(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)
(A) Plans to place fill or to excavate material on slopes over 18% must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30% or greater. Placement of fill or excavation of material must not be conducted in a manner that creates an unstable slope and fill must not be placed in bluff impact zones.
(B) Bluff impact zones. Structures, impervious surfaces, and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)
(A) If the proposal entails grading or filling in any type 2, 3, 4, 5, 6, 7 or 8 wetland, the county may require that the applicant have a professional evaluate (at the applicant’s expense) how extensively the proposed activity would affect the following functional qualities of the wetland:
(1) Sediment and pollutant trapping and retention;
(2) Storage of surface runoff to prevent or reduce flood damage;
(3) Fish and wildlife habitat;
(4) Recreational use;
(5) Shoreline or bank stabilization; and
(6) Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, and the like.
(B) The evaluation must include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers.
(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)
Planning for erosion control must be incorporated as conditions on permits issued in the Shoreland District. Erosion control plans should demonstrate what measures will be taken to prevent erosion on the construction site and should be consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service and County Water Management Rules if applicable.
(Ord. 47, passed 7-23-02)
(A) General standards.
(1) When possible, existing natural drainageways, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.
(2) Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized as soon as possible, and appropriate facilities or methods used to retain sediment on the site.
(3) When development density, topography, soils, and vegetation are not sufficient to adequately handle stormwater runoff, constructed facilities such as settling basins, skimming devices, dikes, waterways, ponds and infiltration may be used. Preference must be given to surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities.
(B) Specific standards.
(1) Impervious surfaces of lots must not exceed 25% of the lot area.
(2) When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district or the Minnesota Stormwater Manual, as applicable.
(3) New constructed stormwater outfalls to public waters must be consistent with Minn. Rules Part 6115.0231.
(Ord. 97-2021, passed 7-20-21)
Uses that depend on patrons arriving by watercraft may use signs and lighting provided that:
(A) Signs placed in or on public waters must only convey directional information or safety messages and may only be placed by a public authority or under a permit issued by the County Sheriff; and
(B) Signs placed within the shore impact zone must be:
(C) Other lighting may be located within the shore impact zone or over public waters if it is used to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination across public waters. This does not preclude use of navigational lights.
(D) Signs must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than 10 feet above the ground, and must not exceed 32 square feet in size.
(E) Signs must be minimum size necessary to convey the needed information.
(F) If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters.
(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)
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