CHAPTER 155: MINERAL EXTRACTION

Section

   155.01   Purpose

   155.02   Definitions

   155.03   Mineral extraction permit required

   155.04   Exceptions from permit requirements

   155.05   Permit application requirements

   155.06   Permitting procedure

   155.07   Security

   155.08   Annual certification

   155.09   Use restrictions

   155.10   Mineral extraction performance standards

   155.11   Land rehabilitation

   155.99   Violations and penalties

§ 155.01 PURPOSE.

   The purpose of this chapter is to protect the public health, safety and welfare through the following:

   (A)   Identify areas in the community where mineral extraction is most appropriate and minimizes conflicts with other land uses.

   (B)   Establish permitting requirements, environmental review procedures and performance standards to regulate mineral extraction.

   (C)   Establish standards which prevent or minimize environmental and aesthetic impacts on extracted properties, adjacent properties and the community as a whole.

   (D)   Establish standards and financial guarantees that restore extracted land to a condition compatible with adjacent properties and suitable for future uses which are compatible with the city comprehensive plan.

(Ord. 2015-02, passed 6-8-2015)

§ 155.02 DEFINITIONS.

   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY USES.  ACCESSORY USES of a mineral extraction facility include the manufacture, storage and sale of products made from minerals.

   CITY COUNCIL. The City Council of the City of Harris, Minnesota.

   COMMISSION. The Planning Commission of the City of Harris, Minnesota.

   COMPREHENSIVE PLAN. The City of Harris Comprehensive Plan.

   COUNTY. The County of Chisago, Minnesota.

   DUST. Airborne mineral particulate matter.

   EXCAVATION. The movement of minerals on site.

   MINERAL. Sand, gravel, rock, soil, clay and similar higher density non-metallic natural minerals.

   MINERAL EXTRACTION. The removal of minerals from the ground and off the site.

   MINERAL EXTRACTION FACILITY. Any area used for mineral extraction and processing minerals, whether extracted on site or off site.

   MINERAL EXTRACTION PERMIT. The permit required for mineral extraction facilities.

   OPERATOR. Any person or persons, partnerships or corporations or assignees, including public or governmental agencies, engaging in mineral extraction.

   PRINCIPAL USE. The PRINCIPAL USE of a mineral extraction facility is the extraction, crushing, screen, mixing, storage and sale of minerals from the facility.

   PROCESSING. Any activity which may include the crushing, screening, mixing, and stockpiling of sand, gravel, rocks, or similar mineral products into consumable products such as fill, construction grade sand, gravel, roadway mixes, and other similar granular products.

   REHABILITATION. To renew land to self-sustaining long-term use which is compatible with contiguous land uses, present and future, in accordance with the standards set forth in this chapter.

   SOIL. A natural three-dimensional body of the earth's surface.

   SUBJECT PROPERTY. The land on which mineral extraction is permitted.

   TOPSOIL. The upper portion of the soils present that is the most favorable material for plant growth.

   ZONING ORDINANCE. The City of Harris Zoning Ordinance.

(Ord. 2015-02, passed 6-8-2015; Am. Ord 2021-03, passed 5-10-2021)

§ 155.03 MINERAL EXTRACTION PERMIT REQUIRED.

   A mineral extraction permit is required for all mineral excavation facilities. A mineral extraction permit is an interim use and shall be processed in accordance with § 154.29 of this code and the additional procedures and requirements of this section. Legal nonconforming mineral extraction facilities expanding on new parcel after adoption of this chapter shall be required to obtain a mineral extraction permit consistent with the provisions of this chapter. If operations are discontinued for a period of 12 months, or if the property is sold, a new permit must be applied for.

(Ord. 2015-02, passed 6-8-2015)

§ 155.04 EXCEPTIONS FROM PERMIT REQUIREMENTS.

   A mineral extraction permit shall not be required for the following:

   (A)   Excavation for a structure if a building permit has been issued.

   (B)   Excavation in a right-of-way or utility corridor by state, county or city authorities in connection with construction or maintenance of public improvements.

   (C)   Excavation for agricultural purposes.

   (D)   Excavations for public utility purposes.

(Ord. 2015-02, passed 6-8-2015)