(A) Vegetative alterations. Alterations of vegetation and topography must be controlled by local governments to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping and protect fish and wildlife habitat.
(1) Exemptions. Vegetative alterations and excavations or grading and filling necessary for the construction of structures and sewage treatment systems under validly issued permits for these facilities are exempt from the vegetative alteration standards in this section and separate permit requirements for grading and filling. However, the grading and filling conditions of this section must be met for issuance of permits for structures and sewage treatment systems. Public roads and parking areas, as regulated hereby are exempt from the provisions of this section.
(2) Removal or alterations of vegetation. Except for forest management or agricultural uses as provided for herein, removal or alterations of vegetation is allowed according 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 outside of these areas is allowed if the activity is consistent with the forest management standards herein.
(b) Limited clearing of trees and shrubs and cutting, pruning, and trimming of trees to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas and permitted water-oriented accessory structures or facilities, as well as providing a view to the water from the principal dwelling site, in Shore and Bluff Impact Zones and on steep slopes is allowed, 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; and
4. The city's tree preservation regulations in Part 151.03.5 must be followed.
(c) Use of fertilizer and pesticides in the Shoreland Overlay District must be done in a way as to minimize runoff into the Shore Impact Zone or public water by the use of earth, vegetation or both.
(B) Grading or filling. Before grading or filling on steep slopes or within Shore or Bluff Impact Zones involving the movement of more than ten cubic yards of material or anywhere else in a shoreland area involving movement of more than 50 cubic yards of material, it must be established by local official permit issuance that all of the following conditions will be met. The following conditions must also be considered during land use, subdivision, and building permit reviews.
(1) Before authorizing any grading or filling activity in any Type 2, 3, 4, 5, 6, 7 or 8 wetland, local officials must consider how extensively the proposed activity would affect the following functional qualities of the wetland:
(a) Sediment and pollutant trapping and retention;
(b) Storage of surface runoff to prevent or reduce flood damage;
(c) Fish and wildlife habitat;
(d) Recreational use;
(e) Shoreline or bank stabilization; or
(f) Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals or others.
(2) This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews or approvals by other local, state or federal agencies such as a watershed district, Chisago County, Minnesota Department of Natural Resources or the United States Army Corps of Engineers.
(3) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible.
(4) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage and a permanent vegetation cover must be established as soon as possible.
(5) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used.
(6) Areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the U.S. Soil Conservation Service.
(7) Fill or excavated material must not be placed in a manner that creates an unstable slope.
(8) Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30% or greater.
(9) Fill or excavated material must not be placed in Bluff Impact Zones.
(10)
Any alterations below the OHW of public waters must first be authorized by the Minnesota Department of Natural Resources.
(11) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.
(12) 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, the landward extent of the riprap is within ten feet of the OHW, and the height of the riprap above the OHW does not exceed three feet.
(13) All activity must also comply with Division 152.04 Stormwater Management.
(C) Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the Minnesota Department of Natural Resources has approved the proposed connection to public waters.
(Ord. 20220120-01, passed 1-20-22)