The purpose of this section is to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping and protect fish and wildlife habitat. Shoreland alterations are allowed in accordance with the following standards:
(A) Permanent vegetation. Shore impact zones shall be maintained in permanent vegetation or operated under an approved conservation plan consistent with the field office technical guides of the local soil and water conservation district.
(B) Intensive vegetation clearing. Within shoreland bluff zones and/or steep slopes, intensive vegetation clearing is not permitted. Intensive clearing within shoreland areas but outside of bluff zones and steep slope areas is permitted, subject to city approval of an erosion and sedimentation control plan consistent with MPCA's best management practices for Minnesota.
(C) Limited clearing. Limited clearing of trees and shrubs and the cutting, pruning and trimming of trees within bluff and shore impact zones or steep slopes to accommodate picnic areas, trails and water access, and to provide a view to the water from a principal dwelling site shall be permitted provided the screening of structures, as viewed from the water, is not substantially reduced. These provisions do not apply to the removal of tree limbs or branches that are dead or pose a safety hazard.
(D) Grading and/or filling. Any grading or filling on steep slopes or within shore or bluff impact zones involving the movement of ten or more cubic yards of material or involving more than 50 cubic yards of material elsewhere in a shoreland area shall require the submission of a shore impact plan and issuance of a grading and filling permit. Approval of the plan shall be granted only if the following conditions are met:
(1) Any filling or grading in any Type 2, 3, 4, 5, 6, 7, or 8 wetland shall be in conformance with the Wetland Conservation Act of 1991 and shall require consideration of how extensively the proposed activity will affect the following functional qualities of a wetland.
(a) Sediment and pollution trapping and retention.
(b) Storage of surface runoff to prevent or reduce flood damage.
(c) Fish and wildlife habitat and endangered plants and animals.
(d) Recreational use.
(e) Shoreline or bank stabilization.
(f) Historical significance.
(2) The smallest amount of bare ground is exposed for the shortest time possible.
(3) Ground cover, such as mulch, is used for temporary bare soil coverage and permanent ground cover, such as sod, is established.
(4) Methods to prevent erosion and trap sediment during construction are employed.
(5) Altered areas are stabilized to accepted erosion control standards.
(6) Fill is not placed so as to create unstable slopes.
(7) Plans to place fill or excavated material on steep slopes are certified by qualified professionals as to slope stability.
(8) Alterations below the OHWL require authorization from the Commissioner of the Minnesota Department of Natural Resources per M.S. § 103G.245.
(9) 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. Permits granted by the DNR or other agencies with applicable jurisdiction shall control both the extent and height of rip rap placement.
(10) Alterations of topography shall only be permitted if accessory to a permitted or conditional use.
(E) Roads, driveways and parking areas. Roads, driveways and parking areas should meet structure setbacks. Such facilities shall 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.
(F) Stormwater management. The following standards shall apply:
(1) When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge into 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, soil and/or 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, dikes, waterways, and ponds may be used.
(G) Agricultural use standards. The following standards shall apply to agricultural activities in shoreland areas:
(1) The shore impact zone for parcels with permitted agricultural uses is equal to a line parallel to and 50 feet from the OHWL.
(2) General cultivation, farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore 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 District or the United States Soil Conservation Service.
(3) Feedlots and manure storage are not permitted within 300 feet of an OHWL.
(4) The use of pesticides, fertilizers, or animal wastes within shoreland areas shall be done in such a way as to minimize impacts on shore impact zones by proper application or use of earth or vegetation.
(Ord. 321, passed 10-17-94)