A. Grading, Filling And Excavations: Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this Section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.
B. Public Roads And Parking: Public roads and parking areas are regulated by subsection F of this Section.
C. Permit Required: Notwithstanding subsections A and B of this Section, a grading and filling permit will be required for:
1. The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and
2. The movement of more than fifty (50) cubic yards of material outside of steep slopes and shore and bluff impact zones.
D. Considerations; Conditions: The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals:
1. Wetland: Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland 1 :
a. Sediment and pollutant trapping and retention;
b. Storage of surface runoff to prevent or reduce flood damage;
c. Fish and wildlife habitat;
d. Recreational use;
e. Shoreline or bank stabilization; and
f. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.
2. Alterations: Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible;
3. Mulches: Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible;
4. Soil Erosion: Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used;
5. Stabilization Of Altered Areas: Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service;
6. Unstable Slope Prohibited: Fill or excavated material must not be placed in a manner that creates an unstable slope;
7. Steep Slopes, Professionals Required: 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 thirty percent (30%) or greater;
8. Bluff Impact Zones: Fill or excavated material must not be placed in bluff impact zones;
9. Below Ordinary High Water Level: Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under Minnesota Statutes Annotated section 105.42;
10. Topography: Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and
11. Riprap; Filter Blanket: Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet (3') horizontal to one foot (1') vertical, the landward extent of the riprap is within ten feet (10') of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet (3').
E. Connections To Public Waters: Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters.
F. Roads, Driveways And Parking Areas; Placement And Design:
1. Design: Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.
2. Placement: Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.
3. Watercraft Access Ramps, Access Roads, Parking Areas: Public and private watercraft access ramps, approach roads, and access- related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. For private facilities, the grading and filling provisions of this Section must be met. (Amd. Ord., 5-25-1993)
Notes
| 1 | 1. This evaluation must also 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. The applicant will be so advised. |