(A) Purpose. The purpose of the Shoreland Overlay District is to protect and enhance the quality of surface waters by promoting the wise utilization of public waters and related land resources. The use of any shoreland of public waters, the size and shape of lots, the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in compliance with the terms of this ordinance and other applicable regulations.
(B) District boundaries. The Shoreland Overlay District shall apply to all land designated as Shoreland Area within the jurisdiction of the county. The boundaries of the district are defined as follows.
(1) Lands 1,000 feet landward from the ordinary high water level of all protected water basins as identified on the protected waters and wetlands map and listed in Article 5 of this ordinance.
(2) Lands 300 feet from the ordinary high water level, or within the landward extent of the designated 100-year floodplain, whichever is greater, of all protected watercourses as listed in Article 5 of this ordinance.
(C) Overlay District application. The Shoreland Overlay District shall be an overlay district that shall be superimposed on all zoning districts. The standards contained in the Shoreland Overlay District shall be in addition to the requirements of the primary zoning district and any other requirements set forth in this ordinance. If standards are conflicting, the more restrictive standards shall apply, with the exception that the conservation subdivision design standards of this ordinance shall take precedence over other lot area and dimensional requirements.
(D) Permitted and conditional uses. Except for the following, the only permitted or conditional uses allowed in the Shoreland Overlay District shall be those uses allowed as permitted or conditional in the primary zoning district. Conditional use standards in Articles 3 and 6 shall apply in addition to any other conditions that apply to the conditional use.
(1) Commercial recreational uses, commercial sales and service uses, and industrial and related uses shall only be allowed as conditional uses.
(2) New animal feedlots are prohibited within the Shoreland Overlay District. Existing feedlots shall be considered as permitted uses; however, any addition or expansion shall only be allowed as a conditional use.
(3) New extractive uses are prohibited within the Shoreland Overlay District.
(E) Accessory uses and structures. Accessory uses and structures in the Shoreland Overlay District shall be the same as those accessory uses and structure allowed in the primary zoning district.
(F) Dimensional standards.
(1) Dimensional standards for unsewered lakes. Dimensional standards are as specified in the table below, or as specified by the underlying zoning; the most restrictive standard shall apply. Only land located above the ordinary high water level may be used to meet minimum lot area requirements. These dimensional standards apply to single-family dwellings.
Lake Class | Natural Environment | Recreational Develop. | General Develop. |
Minimum lot area (square feet) | |||
Riparian | 2 acres | 1 acre | 1 acre |
Non-riparian | 2 acres | 1 acre | 1 acre |
Minimum lot width | |||
Riparian | 200 ft. | 150 ft. | 100 ft. |
Non-riparian | 200 ft. | 150 ft. | 150 ft. |
(2) Lot area and width standards for rivers and streams. Lot widths are as specified below, or as specified by the underlying zoning; the most restrictive standard shall apply. Only land located above the ordinary high water level may be used to meet minimum lot area requirements. These dimensional standards apply to single-family dwellings.
Stream Class | Agricultural | Tributary |
Minimum lot area (square feet) | See underlying zoning | |
Minimum lot width | 150 feet | 100 feet |
(3) Lot area and lot width for duplexes. The minimum lot area and lot width for duplexes, where allowed by the primary zoning, shall be 50% larger than the single-family lot area and lot width specified in this section or by the primary zoning district. (For example, a minimum lot area of one and one-half acres and a minimum lot width of 225 feet would be required for a riparian lot on a recreational development lake.)
(G) Standards for placement, design and height of structures (amended 9-15-2009).
(1) Placement of structures is regulated by the setback distance from the ordinary high water level (OHWL) or the delineated boundary of wetlands that intersect the shore impact zone (wetland boundary).
(2) Standards for lakes.
Lake Class | Natural Environment | Recreational Develop. | General Develop. |
Lake Class | Natural Environment | Recreational Develop. | General Develop. |
Minimum setbacks from ordinary high water level | |||
All structures, except water-oriented accessory structures | 200 ft.* | 100 ft.* | 75 ft.* |
1 permitted water-oriented accessory | 20 feet | 20 feet | 20 feet |
Sewage treatment system | 150 feet | 75 feet | 75 feet |
Additional structure setbacks | |||
From top of bluff | 30 feet | 30 feet | 30 feet |
From unplatted cemetery | 50 feet | 50 feet | 50 feet |
From road right-of-way edge | 50 feet | 50 feet | 50 feet |
Maximum impervious surface coverage | 25% of lot area | 25% of lot area | 25% of lot area |
Maximum height of principal and accessory structures | See primary zoning requirements | ||
(3) Standards for agricultural and tributary rivers and streams.
Minimum setbacks from ordinary high water level | |
All structures except water-oriented accessory structures | 100 feet |
1 permitted water-oriented accessory structure | 10 feet |
Sewage treatment system | 75 feet |
Additional structure setbacks | |
From top of bluff | 30 feet |
From unplatted cemetery | 50 feet |
From road right-of-way edge | 50 feet |
Maximum impervious surface coverage | 15% of lot area |
Maximum height of principal and accessory | See primary zoning |
The minimum setback from a wetland shall be 50 feet. | |
*Setbacks from the ordinary high water mark and the side yard setbacks, may be modified without variance for structures existing on August 1, 2009 located outside of the shore impact zone and above the top of bluff with the dedication and recording of an easement (including a planting plan), approved by the County Planning and Zoning Administrator, providing for planting and maintenance of approved shoreland plants at a ratio of three square feet of plants for each square foot of additional building, deck or porch area added. Side yard setback must be maintained at a distance of at least ten feet. Whenever possible, shoreland plants will be planted near the shore and worked landward. | |
Shore Impact Zone. The shore impact zone is defined as land located between the Ordinary High Water Level (OHWL), or the delineated boundary of a wetland intersects the shore impact zone as measured from the OHWL, and a parallel line at a distance of 50% of the setback for principal structures. (For example, the shore impact zone for natural environment lakes would be 100 feet, for recreational development lakes 75 feet, and for general development lakes 37.5 feet. The shore impact zone around a wetland that intersects a lake’s shore impact zone would similarly be 100 feet, 75 feet or 37.5 feet, depending on the lake classification). The Shore Impact Zone must remain in its natural vegetative state except as specified in subsection (H) below (“Shoreland Alterations”). | |
(4) Bluff impact zone. The BLUFF IMPACT ZONE is defined as the area of the bluff and land within 20 feet of the top of the bluff.
(5) Placement of structures on lots.
(a) Generally. Where principal structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone.
(b) Shore impact zones. Structures and accessory facilities, except stairways and landings and permitted water-oriented accessory structures, shall not be placed within shore impact zones.
(c) Bluff impact zones. Structures and accessory facilities, except stairways and landings, shall not be placed within bluff impact zones.
(d) Uses without water oriented needs. Uses without water oriented needs 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.
(6) High water elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where the data does not exist, the elevation to which the lowest floor, including basement, is placed or flood proofed must be determined as follows:
(a) For lakes, by placing the lowest floor at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is highest; and
(b) For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with Minnesota Rules, Parts 6120.5000 to 6120.6200 governing the management of floodplain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities.
(7) Water oriented accessory structures. Each lot may contain one water oriented accessory structure not meeting the normal structure setback in this subsection if this structure complies with the following provisions.
(a) The building area of the structure or facility shall not exceed 250 square feet in area, measured at grade, or ten feet in height, exclusive of safety rails. Detached decks shall not exceed eight feet above grade at any point.
(b) The structure or facility shall be set back a minimum of ten feet from the ordinary high water level.
(c) The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions.
(d) The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area.
(e) The structure or facility shall not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.
(f) Water oriented accessory structures may have the lowest floor placed lower than elevation determined in subsection (G) above if the structure is constructed of flood resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation, and if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.
(g) On general development and recreational development lakes, water-oriented accessory structures used solely for watercraft storage, including storage of related boating and water oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.
(8) Guest cottages. One guest cottage may be allowed on lots that are at least 50% greater in area than the minimum lot area specified in subsection (F) above, provided the following standards are met.
(a) A guest cottage shall not exceed 700 square feet in area, measured at grade, or 15 feet in height.
(b) A guest cottage must be located or designed to reduce its visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer leaf-on conditions.
(c) The parcel may not be further subdivided to place the guest cottage on a separate lot.
(d) Before securing approval for construction of a guest cottage, the owner of the property shall record against the deed, a deed restriction running in favor of the county limiting ownership of the guest cottage to the owner of the principal dwelling unit on the property.
(9) Stairways, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lift must meet the following design requirements.
(a) Stairways and lifts shall not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open space recreational properties and planned unit developments.
(b) Landings for stairways and lifts on residential lots shall not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties and public open space recreational properties.
(c) Canopies or roofs are not allowed on stairways, lifts or landings.
(d) Stairways, lifts and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion.
(e) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical.
(f) Facilities such as ramps, lifts or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas provided that the dimensional and performance standards of subsections (G)(9)(a) through (G)(9)(e) above are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340.
(10) Shore impact zone for permitted agricultural uses.
(a) The shore impact zone for parcels with permitted agricultural land uses is an area with a 50-foot average width and a 30-foot minimum width, as measured from the ordinary high water level if identified, or the top or crown of bank or normal water level as provided in M.S. § 103F.48, Subd. 3(c), as it may be amended from time to time, whichever is applicable.
(b) 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 perennial vegetation or operated under an approved conservation plan that includes alternative riparian water quality practices based on the Natural Resources Conservation Service Field Office Technical Guides (FOTG), practices approved by the Board of Water and Soil Resources (BWSR), or practices based on local conditions approved by of the local soil and water conservation district that are consistent with the FOTG.
(c) Alternative practices: incorporation of approved alternative practices may reduce the overall buffer width, however, the minimum width cannot be less than 30 feet.
(H) Shoreland alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, limit direct and indirect impacts on water quality, prevent bank slumping and protect fish and wildlife habitat. The following standards shall apply to shore and bluff impact zones and steep slopes.
(1) The shore impact zone shall be maintained as a natural vegetative buffer, consisting of trees, shrubs and low ground cover of native plants and understory in a natural state.
(2) Vegetation clearing and removal of ground cover, including leaf litter and the forest floor duff layer, is not allowed within the shore and bluff impact zones and on steep slopes, except as follows.
(a) Within the shore impact zone, limited clearing of trees and shrubs, and cutting, pruning and trimming of trees may be allowed to accommodate the placement of stairways and landings, access paths, view corridors, recreation use areas and permitted water-oriented accessory structures or facilities. Trees, shrubs and a low ground cover consisting of native plants and understory shall be maintained in a natural state within this area. An access path permitted within this area shall not exceed a cleared width of six feet and must be oriented generally perpendicular to the shoreline.
(b) One shoreline recreation use area may be allowed on each residential lot, not to exceed the following dimensions:
Class or District | Width (maximum distance in feet parallel to shore) | Length (feet) |
Agricultural and tributary rivers | 30 | 15 |
General development | 30 | 15 |
Natural environment | 10 | 15 |
Recreational development | 20 | 15 |
(c) Within bluff impact zones and on steep slopes, limited clearing of trees and shrubs, and cutting, pruning and trimming of trees may be allowed to accommodate the placement of stairways and landings and access paths. Trees, shrubs and a low ground cover consisting of native grasses and plants shall be maintained within these areas.
(d) Use of fertilizer shall not be allowed within the shore impact zone. Use of fertilizer and pesticides elsewhere within the Shoreland Overlay District provided that it is done in such a way as to minimize runoff into the shore impact zone or public water.
(e) No impervious surfaces shall be allowed within the shore impact zone, except for boat launches, stairways, lifts or landings, and, where permitted, one water-oriented accessory structure.
(f) Along rivers, existing shading of water surfaces shall be preserved.
(g) The above provisions are not applicable to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards.
(I) Topographic alterations/grading and filling.
(1) Grading, 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 in this section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems and driveways.
(2) Public roads and parking areas are regulated by Articles 3 and 6 of this ordinance.
(3) Notwithstanding subsections (I)(1) and (I)(2) above, a grading and filling permit will be required for:
(a) The movement of more than five cubic yards of material on steep slopes or within shore or bluff impact zones; and
(b) The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.
(4) The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals:
(a) Grading or 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 following functional qualities of the wetland;
(b) Sediment and pollutant trapping and retention;
(c) Storage of surface run-off to prevent or reduce flood damage;
(d) Fish and wildlife habitat;
(e) Recreational use;
(f) Shoreline or bank stabilization; and
(g) Noteworthiness, including special qualities such as historic significance critical habitat for endangered plants and animals or others.
(5) 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.
(6) 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.
(7) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used.
(8) Altered 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 United States Soil Conservation Service.
(9) Fill or excavated material must not be placed in a manner that creates an unstable slope.
(10) 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.
(11) Fill or excavated material must not be placed in bluff impact zones.
(12) Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner of the DNR under M.S. § 103G.245, as it may be amended from time to time.
(13) 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.
(14) 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 ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet.
(J) Conservation subdivision design standards for residential development. Within the Shoreland Overlay District where the primary zoning district is the Limited Residential District, all subdivisions of eight or more lots at a density of eight units per 40 acres shall be designed according to the conservation subdivision design requirements of the Limited Residential District, and the following standards.
(1) The lot area, density and dimensional standards of the Limited Residential District shall apply.
(2) The shore and bluff impact zones shall be included as common open space. A minimum of one access corridor through the shore impact zone must be provided for use by all residents, with a minimum width of 50 feet, located outside of wetland or floodplain areas.
(Ord. 97, passed 7-21-2009; Ord. 126, passed 10-17-2017; Ord. 139, passed 10-15-2019)