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.
A. Vegetation Alterations: The removal of natural vegetation shall be restricted to prevent erosion into public waters, to conserve nutrients in the soil, and to preserve shoreland aesthetics.
1. During the site grading of new subdivision development and other planning actions, any removal of significant trees shall require a tree preservation plan in accordance with the city's tree preservation guidelines.
2. Natural vegetation shall be restored as soon as feasible after any construction project, but not later than the start of the next growing season.
3. The provisions of this section shall not apply to vegetation alterations necessary for the construction of structures, sewage treatment systems and the construction of roads and parking areas as regulated in subsection 11-102-17H of this chapter 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 consistent with the field office technical guides of the Dakota County soil and water conservation district.
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, access paths, beach and watercraft access areas 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.
(3) The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.
B. Grading And Filling Associated With Any Development Project Involving Subdivisions, Commercial, Industrial, Or Multiple- Family Uses:
1. Grading and filling within shoreland districts, or any alterations of the natural topography where the slope of the land is toward a public water or watercourse leading to a public water shall be consistent with the field office technical guides of the Dakota County soil and water conservation district and approved by the city engineer. A permit shall be obtained prior to the commencement of any work thereon. The permit may be granted subject to the conditions that:
a. Temporary ground cover such as mulch shall be used and permanent cover such as sod shall be planted as soon as possible.
b. Methods to prevent erosion and trap sediment shall be employed in accordance with section 11-16-7 of this title and consistent with the field office technical guides of the Dakota County soil and water conservation district.
c. Fill shall not be placed in areas lower in elevation than the normal high water level.
d. Fill shall be stabilized according to accepted engineering standards.
e. Fill shall not restrict a floodway or destroy the storage capacity of a floodplain.
f. The maximum slope of the finished surface which slopes toward a water body or a watercourse leading to such water body shall be three (3) units horizontal to one vertical.
g. Fill or excavated material must not be placed in bluff impact zones.
h. Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minnesota statutes section 103G.245.
i. Alterations of topography will only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.
j. 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 (3') horizontal to one foot (1') vertical, the landward extent of the riprap is within ten feet (10') of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet (3').
2. Any work which will change or diminish the course, current, or cross section of a public water shall require a permit from the city engineer and be approved by the department of natural resources before the work is begun. This includes construction of boat slips, canals, channels and ditches, lagooning, dredging of lake bottom for the removal of muck, silt or weeds, and filling in the lake bed including low lying marsh areas. Approval will be given only if the proposed work is consistent with applicable state regulations for beds of public waters.
C. Special Provisions For Agricultural, Extractive, And Commercial Uses:
1. Agriculture Use Standards:
a. 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 Dakota County soil and water conservation district or the United States soil conservation service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and fifty feet (50') from the ordinary high water level.
b. Use of fertilizer, pesticides, or animal wastes within shorelands must be done in such a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation.
2. Extractive Use Standards: All excavations and mining within the S district shall be in compliance with the Lakeville excavations and mining ordinance, title 7, chapter 4 of this code.
3. Commercial Use Standards: Uses without water oriented commercial needs located on protected lakes must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (Ord. 867, sec. 118, 5-17-2010)
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