(A) Purpose. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping and protect fish and wildlife habitat.
(B) Vegetation alterations.
(1) Vegetation alteration necessary for the construction of structures and sewage treatment systems are exempt from the vegetation alteration standards that follow.
(2) Removal or alteration of vegetation, except for agriculture and forest management uses as regulated in divisions (B)(6) and (B)(7) below, respectively, is allowed subject to the following standards.
(a) Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.
(b) In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas and permitted water-oriented accessory structures or facilities; provided that:
1. The screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;
2. Along rivers, existing shading of water surfaces is preserved; and
3. The above provisions are not applicable to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards.
(C) Topographic alterations/grading and filling.
(1) 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.
(2) Notwithstanding division (C)(1) above, a grading and filling permit will be required for:
(a) The movement of more than ten cubic yards of material on steep slopes or within shore or bluff impact zones; and
(b) The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.
(3) 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.
(a) 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. 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 or others.
(b) 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 state’s Department of Natural Resources or the United States Army Corps of Engineers. The applicant will be so advised.
(c) 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.
(d) 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.
(e) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used.
(f) 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.
(g) Fill or excavated material must not be placed in a manner that creates an unstable slope.
(h) 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.
(i) Fill or excavated material must not be placed in bluff impact zones.
(j) Any alterations below the ordinary high water level must first be authorized by the Commissioner under M.S. § 105.42, as it may be amended from time to time.
(k) 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.
(l) 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 horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet, unless approved by the City Engineer.
(4) 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.
(5) Fill below OHW and construction of channels must be in accordance with M.S. § 103G.245, as it may be amended from time to time.
(D) Storm water management. The following general and specific standards shall apply.
(1) When possible, existing natural drainage ways, wetlands 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 and protected as soon as possible and facilities or methods used to retain sediment on the site.
(3) When development density, topographic features and solid and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, waterways and ponds may be used. Consideration should be given to designs using surface drainage, vegetation and infiltration rather than buried pipes and human-made materials and facilities.
(E) Specific standards.
(1) When constructed facilities are used for storm water management, documentation must be provided by a qualified individual that they are designed and installed consistent with acceptable engineering practices.
(2) New constructed stormwater outfalls to public waters should provide for filtering or settling of suspended solids and skimming of surface debris before discharge whenever possible.
(F) Agriculture use standards.
(1) 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 permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service.
(2) Application of fertilizer, herbicides, pesticides, animal wastes or other chemicals within shorelands must be done in a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation.
(3) Animal feedlots shall not be permitted in the shoreland of public waters.
(G) Forest management standards. The harvesting of timber and associated reforestation or conversion of forested use to a non-forested use must be conducted consistent with the following standards.
(1) Timber harvesting and associated reforestation must be conducted consistent with the provisions of the state’s Non-Point Source Pollution Assessment Forestry and the provisions of Water Quality in Forest Management, Best Management Practices in Minnesota.
(2) If allowed by local governments, forest land conversion to another use requires issuance of a conditional use permit and adherence to the following standards.
(a) Shore and bluff impact zones must not be intensively cleared of vegetation.
(b) An erosion and sediment control plan is developed and approved by the local soil and water conservation district before issuance of a conditional use permit for the conversion.
(3) Use of fertilizer, pesticides or animal wastes within shorelands must be done in a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation.
(H) Extractive use standards.
(1) Site development and restoration plan. An extractive use site development and restoration plan must be developed, approved and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion and must clearly explain how the site will be rehabilitated after extractive activities end.
(2) Setbacks for processing machinery. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.
(3) Placement and design of roads, driveways and parking areas.
(a) 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.
(b) 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.
(c) 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 division (H) are met. For private facilities, the grading and filling provisions of this division (H) must be met.
(2002 Code, § 7.35) (Ord. 42, Fourth Series, effective 5-31-1992; Ord. 7, Seventh Series, passed 6-14-2014)