Topographic alterations, including grading or filling, shall not be allowed without a use permit from the Zoning Administrator, with the following exceptions.
(A) The cumulative movement of less than 10 cubic yards of material on steep slopes or within shore or bluff impact zones may be undertaken without a permit.
(B) The cumulative movement of less than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones may be undertaken without a permit.
(C) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards prescribed in this section must be incorporated into the issuance of permits for the construction of structures, sewage treatment systems, and driveways.
(D) Public roads and parking areas must meet the requirements prescribed in § 151.082 of this chapter.
(E) The following considerations and conditions must be adhered to for the issuance of construction permits, grading and filling permits, conditional use permits, variances, and subdivision approvals:
(1) Grading and filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the functional qualities of the wetland, including: sediment and pollutant trapping and retention; storage of surface runoff to prevent or reduce flood damage; fish and wildlife habitat; recreational use; shoreline or bank stabilization; and note worthiness, including special qualities such as historic significance, and critical habitat for endangered plants and animals. 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, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant will be so advised by the Zoning Administrator;
(2) Alterations must be conducted in a manner that ensures that only the smallest amount of bare ground is exposed for the shortest time possible;
(3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetative cover must be established as soon as possible;
(4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used;
(5) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the Hubbard Soil and Water Conservation District and the United States Soil Conservation Service;
(6) Fill or excavated material must not be placed in a manner that creates an unstable slope;
(7) 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;
(8) Fill or excavated material must not be placed in bluff impact zones;
(9) Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner of Natural Resources under M.S. Chapter 103 G, as it may be amended from time to time;
(10) 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; and
(11) 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 3 feet horizontal to 1 foot vertical, the landward extent of the riprap is within 10 feet of the ordinary high water level does not exceed 3 feet.
(F) Excavating where the intended purpose is connection to public water, such as boat slips, canals, lagoons, and harbors, requires a conditional use permit from the Park Rapids City Council. The conditional use permit shall only be granted after the Commissioner of Natural Resources has approved the proposed connection to public waters.
(Prior Code, § 66-72) (Ord. passed 1994) Penalty, see § 151.999