(A) Any alteration of a shoreland, or the vegetation contained thereon, shall meet the requirements set forth below, except the following:
(1) Shoreland and vegetation alterations, including excavations, necessary for the construction of structures and sewage treatment systems pursuant to validly issued permits, provided that the conditions regulating grading and filling herein are complied with.
(2) Any alterations expressly authorized by a separate permit.
(3) Public roads and parking areas.
(B) (1) A permit shall be required and obtained prior to:
(a) Any alteration, excavation, grading, or filling on a steep slope or within a shore impact zone, or bluff impact zone, involving the movement of more than 10 cubic yards of material; or
(b) Anywhere else in a shoreland area involving the movement of more than 50 cubic yards of material.
(2) In issuing any such permit, the following considerations shall be addressed:
(a) If the land involved includes a wetland, whether a permit or other approval is required by any local, state, or federal agency; and
(b) 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; or noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.
(C) Alterations shall be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible.
(D) Mulches or similar materials shall be used where necessary for temporary bare soil coverage and a permanent vegetation cover must be established as soon as possible.
(E) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature shall be used.
(F) Altered areas shall 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.
(G) Fill or excavated material shall not be placed in a manner that creates an unstable slope.
(H) Plans to place fill or excavated material on steep slopes shall be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30% or greater.
(I) Fill or excavated material shall not be placed in bluff impact zones.
(J) Any alterations below the ordinary high water level of public waters shall first be authorized by the commissioner under M.S. § 103G.245.
(K) Alterations of topography shall only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.
(L) 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, and the height of the riprap above the ordinary high water level does not exceed 3 feet.
(M) All alterations or excavations where the intended purpose or result of which is the connection to or extension of a public water such as boat slips, canals, lagoons, and harbors require a conditional use permit. Each conditional use permit shall be conditioned upon the prior approval of the Commissioner of the Department of Natural Resources. However, the city reserves the right to independently evaluate all conditions relevant to the consideration by the Department of Natural Resources and to impose additional conditions to any such permit.
(N) The removal or alteration of vegetation shall comply with the following standards, except as modified by the sections regulating forest management uses and agricultural uses below:
(1) In a shore impact zone, bluff impact zone, or on a steep slope:
(a) Intensive vegetation clearing is prohibited.
(b) The limited clearing of trees and shrubs and the cutting, pruning and trimming of trees to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, permitted water oriented accessory structures or facilities, and for providing a view to the water from the principal dwelling site is permitted provided that the screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf on conditions, is not substantially reduced.
(2) The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.
(3) Use of fertilizer and pesticides in the Shoreland Management 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, unless prohibited by state law or regulation.
(O) In conjunction with the issuance of a building permit for a new principal structure, a replacement principal structure or for any excavation, alteration, filling, or grading requiring a permit herein, and considering existing topography and vegetation upon the lot involved, the city may require:
(1) That the owner of the lot construct a berm along or near the shoreline to prevent sediments, fertilizer, and/or pesticides from draining directly into the lake; or
(2) That the owner agree in writing, in recordable form, to retain a strip of land near or along the lakeshore of natural, uncut grasses and vegetation for such purpose in accordance with such standards as are recommended by the local Soil and Water Conservation Department.
(Ord. 2011-06-07A, passed 6-7-2011)
