(A) 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.
(B) Use of fertilizer and pesticides in the Shoreland Overlay District must be done in such a way as to minimize runoff into the shore impact zone or public water by the use of earth, vegetation, or both.
(1) Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is prohibited. Intensive vegetation clearing outside of these areas is permitted if the activity is consistent with the forest management standards in § 154.059.
(2) 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, picnic areas, access paths, livestock watering areas, beach and watercraft access areas and permitted water-oriented accessory structures or facilities, provided that:
(a) The screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced; and
(b) The above provisions are not applicable to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards.
(D) When grading and filling or excavations are authorized under a validly issued construction permit, separate issuance of a grading and filling permit is not required. If grading, filling or excavation activities will not involve a construction permit, then a grading and filling permit will be required for:
(1) The movement of more than ten cubic yards of material on steep slopes or within shore or bluff impact zones; and
(2) The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.
(E) The following considerations and conditions must be adhered to during the reviews of requests for construction permits, grading and filling permits, conditional use permits, variances and subdivisions:
(1) Evaluation of a wetland, prior to issuance of a grading and filling permit, to determine 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; and
(f) Noteworthiness, including qualities such as historic significance, critical habitat for endangered plants and animals or others;
(2) Determination of whether the wetland alteration proposed requires permits, reviews or approvals by other local, state or federal agencies such as watershed districts, the Minnesota Department of Natural Resources or the United States Army Corps of Engineers;
(3) Design and implementation of alterations so as to ensure that only the smallest amount of bare ground is exposed for the shortest time possible; (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.)
(4) Methods to minimize soil erosion and to trap sediments before they reach any surface water, stabilizing altered areas to acceptable erosion control standards consistent with guidelines of the Waseca County Soil and Water Conservation District and the United States Soil Conservation Service;
(5) Review of plans to place fill or excavated material on steep slopes by qualified professionals to ensure continued slope stability, and that slopes created are less than 30%;
(6) Placement of fill or excavated material so as not to create an unstable slope;
(7) No placement of fill or excavated material in bluff impact zones;
(8) Authorization by the commissioner for any alterations below the ordinary high water level of public waters, under M.S. Chapter 103G, as it may be amended from time to time;
(9) Topography alterations permitted only if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and
(10) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket 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 ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet.
(F) 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 commissioner has approved the proposed connection to public waters.
(Ord. 1040, passed 1-5-16)