(A) Permit required.
(1) A land alteration permit shall be required in all cases where excavation, grading and/or filling of any land within the county would result in a substantial alteration of existing ground contour or would change existing drainage or would cause flooding or erosion or would deprive an adjoining property owner of lateral support and would remove or destroy the present ground cover resulting in less beneficial cover for present and proposed development, uses and enjoyment of any property in the county.
(2) (a) Substantial alteration shall be defined as the extraction, grading or filling of land involving movement of earth and materials in excess of 50 cubic yards in the shorelands districts, and in excess of 500 cubic yards in all other districts except drain tiles and ditch cleaning in agricultural areas. Such substantial alteration shall require a conditional use permit.
(b) The creation of wildlife ponds, pollution control structures and erosion control structures shall not require a conditional use permit, provided that said construction is approved by an official of the Soil and Water Conservation District and abides by all other applicable rules, regulations and ordinances.
(3) The extraction, grading or filling of land involving the movement of earth and materials in excess of ten cubic yards within shore, bluff impact zones or steep slopes in shoreland areas shall require an administrative permit, but not a conditional use permit.
(4) Public road improvement projects, and grading and excavation directly related to such projects (not to include gravel pits), shall not require a land alteration permit; provided, the work is directly supervised by the County Engineer or the governing body of a local unit of government.
(5) A land alteration permit is also required from the county and from the Commissioner of Natural Resources for any alteration in the Floodplain District and the Shorelands Districts. Such alteration shall include any filling, dredging, channeling or any other work in the beds of public waters which would change the course, current or cross-section of a public water.
(6) A land alteration permit shall be valid for a period of six months from the date of issue. A land alteration permit shall be administered in the same manner as a conditional use permit.
(B) Requirements. Before the issuance of a land alteration permit or an administrative land alteration permit, it must be established that all of the following conditions are met. These conditions must also be adhered to during the issuance of construction permits, permits, conditional use permits, interim use permits, variances and subdivision approvals.
(1) 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 (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 state’s Department of Natural Resources or the United States Army Corps of Engineers. The applicant will be so advised):
(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 special qualities such as historic significance, critical habitat for endangered plants and animals or others.
(2) 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.
(3) 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 feature must be used.
(5) 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.
(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 under M.S. §§ 103G.301 through 130G.315, as it may be amended from time to time.
(10) Alterations of topography must only be allowed if they are accessory to permitted, interim, or conditional uses and do not adversely affect adjacent or nearby properties.
(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 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.
(C) Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, require a conditional use permit. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters.
(Ord. 18-4, passed 6-19-2018; Ord. 23-1, passed 5-2-2023)