§ 157.105 LAND RECLAMATION AND LAND GRADING.
   (A)   Within this chapter, land reclamation is the reclaiming of land by depositing or moving material so as to alter the grade. Land reclamation shall be permitted only by conditional use permit in all districts Depositing a total of more than 50 cubic yards of material per lot either by hauling in or re-grading the area shall constitute land reclamation. Land reclamation in floodplains shall be in accordance with Chapter 152. The permit shall include as a condition thereof a finished grade plan which will not adversely affect the adjacent land and as conditions thereof shall regulate the type of material permitted, program for rodent control, plan for fire control and general maintenance of the site, controls of vehicular ingress and egress, drainage and control of material disbursed from wind or hauling of material to or from the site.
   (B)   No person, partnership or association, private or public corporation, county, municipality or other political subdivision shall appropriate or use any public water, surface or underground, without first securing a use of public waters permit and written permission of the Commissioner of the Division of Waters, Soils and Minerals of the State Department of Natural Resources. For purposes of these regulations, public waters shall be as defined in M.S. Chapter 105, as it may be amended from time to time, and as follows.
      (1)   Public waters shall include all lakes, ponds, swamps, streams, drainageways, floodplains, floodways, natural water courses, underground water resources and similar features involving directly or indirectly the use of water within the city.
      (2)   No public water area shall be filled, partially filled, dredged, altered by grading, mining or otherwise utilized or disturbed in any manner without first securing a public waters use permit from the State Department of Natural Resources and the U.S. Army Corps of Engineers, and a grading permit from the City Zoning Administrator. Such grading permits shall be reviewed and approved by the Department of Natural Resources, the City Engineer, the Watershed District, the Planning Commission and the City Council.
(Ord. passed - -; Ord. 2015-171, passed - -2015) Penalty, see § 157.999