(A) The removal of natural vegetation in shoreland areas shall be restricted to prevent erosion into public waters, to consume nutrients in the soil, and to preserve shoreland aesthetics. Removal of natural vegetation in the Shoreland Overlay District shall be subject to the following provisions.
(1) Selective removal of natural vegetation shall be allowed, provided that sufficient vegetative cover remains to screen cars, dwellings, and other structures when viewed from the water.
(2) Clear cutting of natural vegetation shall be prohibited.
(3) Within a reasonable amount of time, natural vegetation shall be restored insofar as feasible after any construction project is completed in order to retard surface runoff and soil erosion.
(4) The provisions of this section shall not apply to permitted uses which normally require the removal of natural vegetation.
(B) Grading and filling in shoreland areas (within 1,000 feet of the OHW of public waters) or any alterations of the natural topography where the slope of the land is toward a public water or a watercourse leading to public water may be allowed based on the following chart.
Shoreland Dirt-Moving Chart
| |
Type and amount of dirt moving | Review process |
Movement of less than ten cubic yards within the shore impact zone | Allowed, no permit |
Movement of between ten cubic yards and 50 cubic yards of dirt within the shore impact zone | Permit required |
Movement of more than 50 cubic yards of dirt within the shore impact zone | Conditional use permit |
Movement of more than 50 cubic yards of dirt in shorelands but outside of shore impact zone | Permit required |
Movement of less than 50 cubic yards of dirt in shorelands but outside of shore impact zone | Allowed, no permit |
(C) The permit may be granted subject to the conditions that:
(1) The smallest amount of bare ground is exposed for as short a time as feasible;
(2) Within a reasonable amount of time, temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted;
(3) Methods to prevent erosion and trap sediment are employed such as silt fences or staked hay bales; and
(4) Fill is stabilized to accepted engineering standards.
(D) Excavations on shorelands where the intended purpose is connection to public waters shall require a permit from the Zoning Administrator before construction can begin. Such permit may be obtained only after the Commissioner of Natural Resources has issued a permit for work in the beds of public waters.
(E) The following exceptions to the permitting requirements listed in this section shall apply to the shoreland areas:
(1) Excavation for basements associated with permitted construction activities, subject to review and approval of the City Building Official;
(2) Filling associated with driveways not within the shore impact zones or within floodplains; and
(3) Placement of topsoil for yards or gardens not exceeding 12 inches of materials.
(Prior Code, § 13.31)