For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL USE. Use of land for the production of livestock, dairy animals, dairy products, poultry or poultry products, fur-bearing animals, horticultural or nursery stock including sod, fruit, vegetables, forage and cash grains, forestry or bees and apiary products. Wetlands, pasture and woodlands accompanying land in AGRICULTURAL USE are also in AGRICULTURAL USE.
CONSERVATION PLAN AND TIME SCHEDULE. CONSERVATION PLAN means a document listing a set of practices that when implemented will decrease Soil Erosion to the Soil Loss Limits on a particular parcel of land. The TIME SCHEDULE sets times to implement, make satisfactory progress and complete the CONSERVATION PLAN.
CONSERVATION PRACTICES. Practices and standards containing a definition, purpose and conditions under which the practice applies, including design requirements and specifications containing a statement of details required for installing a conservation practice, including kinds, quality and quantity of work and materials needed to meet the standards.
(1) A CONSERVATION PRACTICE may be permanent or temporary, a vegetative or structural measure that when applied to the land will contribute to the control of wind and water Erosion and Sedimentation. CONSERVATION PRACTICES may be used in a Development Activity area or an Agricultural Use area.
(2) Permanent practices are those that have an effective life of ten years or more and include grassed waterways, terraces, field windbreaks, water control structures, grade stabilization structures, Sediment retention structures, stripcropping, water and Sediment control basins, and other permanent practices approved by the State Board of Water and Soil Resources.
(3) Temporary practices include conservation tillage, contour farming, grasses and legumes in rotation, emergency tillage, fabric filter barriers, filter strips, stormwater inlet and outlet protection and any other cultural practices approved by the State Board of Water and Soil Resources.
(4) The Field Office Technical Guide or other recognized technical procedures shall be used to design, install and certify practices.
CITY. The elected City Council, or its designated officials or agents. Agents may include Districts, water management organizations, joint powers boards, watershed Districts or other governmental entities responsible for resource management within the CITY. After adopting a Soil loss ordinance, the CITY may enter into an agreement with its agent allowing the agent to administer the functions and perform the duties of the CITY set out in §§ 155.20, 155.21, 155.23, 155.28, 155.29, 155.45 and 155.99.
DEVELOPMENT ACTIVITY. A physical disturbance, excluding Agricultural Use, of the land associated with activities that may result in Sedimentation of adjacent lands or waters. These activities include, but are not limited to, clearing, grading, excavating, transporting, draining and filling lands. Federal, state, county and municipal road construction designed and installed according to Department of Transportation standard specifications for construction are not DEVELOPMENT ACTIVITIES.
DISTRICT. A Soil and water conservation District organized under M.S. Chapter 103C, as it may be amended from time to time.
EROSION. Any process that wears away the surface of the land by the action of water, wind, ice or gravity. EROSION can be accelerated by the activities of humans and nature.
EXCESSIVE SOIL LOSS. Soil loss that is greater than the SOIL LOSS LIMITS set out below in this section, or which causes Sedimentation or adjoining land or in a body of water, watercourse or wetland.
FIELD OFFICE TECHNICAL GUIDE. The guide developed by the United States Department of Agriculture, Soil Conservation Service and adopted by the District. The TECHNICAL GUIDE contains methods and procedures by which the various types of Erosion can be estimated and conservation practice standards and specifications required in the application of Soil and water Conservation Practices.
LAND OCCUPIER. A person, firm, corporation, municipality or other legal entity that holds title to or is in possession of any land as owner, lessee, renter, tenant or otherwise. The term includes both the owner and the occupier of the land if they are not the same.
SEDIMENT. Solid mineral or organic material, that, in suspension, is being transported, or has been moved from its original site by air, water, gravity or ice, and has been deposited at another location.
SEDIMENTATION. The process or action of depositing Sediment that, upon inspection, is determined to have been caused by Erosion.
SEDIMENTATION CONTROL PLAN; TIME SCHEDULE. A document listing a set of practices that, when implemented, will decrease Sedimentation to the allowable level on a particular parcel of land. A TIME SCHEDULE must set times to implement, make satisfactory progress on and complete the SEDIMENTATION CONTROL PLAN.
SOIL. The unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for growth of land plants.
SOIL LOSS LIMIT. The maximum amount of Soil loss from water or wind Erosion, expressed in tons per acre per year, allowed on a particular Soil. The Soil Loss Limits for Soils found in the City are the Soil Loss Tolerances for each Soil series as described in the Field Office Technical Guide. The United States Department of Agriculture Soil Conservation Service has prepared a Soil survey for the county that sets out the Soil Loss Tolerances, according to the Field Office Technical Guide, for each Soil series found in the county. The official county Soil survey is adopted by reference and declared to be a part of this chapter. The official county Soil survey shall be on file in the offices of the County Auditor and Zoning Administrator. The SOIL LOSS LIMIT for each Soil series found in the City is set forth on Attachment A annexed hereto and incorporated by reference herein. Any other Soil found in the City and not listed herein has maximum Soil Loss Tolerance of five tons per acre per year.
SOIL LOSS TOLERANCE. The maximum level of Soil Erosion that will permit a high level crop productivity to be sustained economically and indefinitely.