(A) General. The following actions shall not require the preparation of an EAW or EIS:
(1) When a substantial portion of the action has been completed or implemented and an EIS on the action would not be able to influence remaining implementation or construction of the action to minimize adverse environmental consequences;
(2) When there has been adequate environmental review of an action within the jurisdiction of the Council pursuant to §§ 116C.01 et seq. (the Critical Areas Act of 1973), as amended from time to time, or M.S. § 116C.04 (2)(b) (the Environmental Quality Council Act of 1973), as amended from time to time;
(3) When, and so long as, a public agency denies a governmental approval required for the action;
(4) When an imminent and substantial danger to the public health, safety, or welfare makes it necessary to undertake a major action that has the potential for significant environmental effects and application of this section would be impractical. In such cases, the proposer shall consult with the chairperson of the Minnesota Environmental Quality Board to arrange an alternative means of environmental review before taking the action;
(5) Any action exempt by state agencies;
(6) All national pollutant discharge elimination system permits granted by the Minnesota Pollution Control Agency, under the authority given it by the Environmental Protection Agency of the United States of America, unless otherwise provided by resolution of the Minnesota Environmental Quality Board;
(7) Any federal permits for which review authority has been delegated to a non-federal public agency by the federal government if exempted by resolution of the Minnesota Environmental Quality Board;
(8) Where, in the opinion of the city, strict observance of this section would jeopardize the public health, safety, or welfare, or would otherwise generally compromise the public interest, the city shall comply with this section as far as practicable. In such cases, the city shall carry out alternative means of public notification and shall communicate the same to the chairman of the Minnesota Environmental Quality Board.
(B) EAW exemptions. Unless an action is included under another part of this section, the following items are categories for which an EAW shall not be required. The following list is not intended to imply that EAWs must be prepared on actions not included in this listing. In cases where EAWs are neither exempt nor mandatory, the city should prepare EAWs only where it is probable that the actions will cause significant environmental effects and an EAW is needed to guide the decision on whether an EIS is required.
(1) Operation, maintenance, or repair work involving no substantial change in existing structures, land uses, or water quality.
(2) Construction or alteration of a single-family, two-family, or multi-family dwelling with 4 dwelling units or fewer and accessory appurtenant structures and utilities, when not in conjunction with the construction or alteration of 2 or more such residences.
(3) Construction or alteration of a store, office, or restaurant designated for occupancy of 20 persons or fewer, if not in conjunction with the construction or alteration of 2 or more stores, offices, or restaurants accumulating an occupancy load of more than 30 persons, unless designated to be a historical structure.
(4) Restoration or reconstruction of a structure in whole or in part, being increased or expanded by less than 25% of its original size, square footage, or capacity, and aggregating less than 5,000 square feet, provided that such structure has not been designated to be of historical, cultural, archeological, or recreational value by a public agency.
(5) Repaving or reconstruction of existing highways not involving the addition of new travel lanes or acquisition of additional right-of-way.
(6) Installation of traffic control devices on existing streets, roads, and highways, other than installation of multiple fixtures on extended stretches of highway.
(7) Licensing or permitting decisions relating to individual persons or activities directly connected with an individual's household, livelihood, transportation, recreation, health, safety, and welfare; such as motor vehicle licensing, hunting licenses, professional licenses, and individual park entrance permits.
(8) Purchase of operating equipment, maintenance equipment, or operating supplies.
(9) Sales or lease of surplus governmental property other than land, radioactive material, pesticides or buildings.
(10) Loan, mortgage, guarantee, or insurance transactions in connection with new or existing structures or uses.
(11) Borrowing for purposes other than capital construction or land purchase.
(12) Maintenance of existing landscaping, native growth, and water supply reservoirs, excluding the use of pesticides.
(13) Utility extensions as follows: water service mains of 500 feet or less and 1.5 inches diameter or less; sewer lines of 500 feet or less and 8 inch diameter or less; electrical service lines of 500 feet or less and 240 volts or less; gas service mains of 500 feet or less and 1 inch diameter or less; and telephone service lines of 500 feet or less.
(14) Construction of accessory appurtenant structures, including garages, carports, patios, swimming pools, fences, barns, or other similar agricultural structures, excluding feedlots or other similar buildings not changing land use or density.
(15) Grading or filling 750 cubic yards or less.
(16) Local bus stops and bus shelters or transit signs, which do not require accessory parking facilities.
(17) Minor temporary uses of land having negligible or no permanent effect on the environment, including such things as carnivals and sales of Christmas trees.
(18) Filling of earth into previously excavated land with materials compatible with the natural material on the site.
(19) Individual land use variances, including minor lot line adjustments and side yard and setback variances, not resulting in the creation of a new subdivided parcel of land or any change in land use character or density.
(20) Basic data collection, training programs, research, experiment management, and resource valuation projects which do not result in an extensive or permanent disturbance to an environmental resource, and do not constitute a substantial commitment to a further course of action having potential for significant environment effects.
(21) Accessory signs appurtenant to any commercial, industrial, or institutional facility not regulated by an agency of the state.
(Prior Code, § 907.04) (Am. Ord. 2019-8-3, passed 8-13-2019)