§ 430.09. Grading, Filling, Excavation, Impervious Surface Construction, and Vegetation Management Within the Shoreland District.

Subdivision 1. Permit required. No grading, filling, excavation, impervious surface construction, or vegetation management within the shore impact zone areas shall occur without a shore area permit.

Subd. 2. Permit exemptions. The following activities do not require a permit:

a.

the removal of dead, diseased, hazardous or storm-damaged vegetation, or for the mowing of turf;

b.

the periodic pruning of woody vegetation up to four inches in diameter (as measured at the base of the cut provided the roots are left intact;

c.

removal of exotic species, noxious weeds or other public nuisances;

d.

removals or alterations for purposes of the construction of when all other requirements are met;

e.

landscaping activities customarily associated with gardening or lawn care, not including grading.

Subd. 3. Performance standards. The following standards shall be required for all grading, filling, excavation, and vegetation management within the shore area impact zone:

a.

The existing vegetative screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, must be substantially maintained; and

b.

Before any permit will be issued to grade or fill, the applicant must provide evidence that all provisions of federal, state, and local law pertaining to wetlands and shore area (including but not limited to the Wetland Conservation Act, Watershed District regulations, U.S. Corps of Engineers regulations, DNR protected waters regulations, and City floodplain,) have been satisfied to the satisfaction of the City Engineer.

c.

All shore area permits for grading, filling, or excavation shall be subject to all of the additional following conditions:

(i)

Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed and is exposed for the shortest time possible.

(ii)

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.

(iii)

Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used.

(iv)

Altered areas must be stabilized to acceptable erosion control standards consistent with Best Management Practices.

(v)

Fill or excavated material must not be placed in a manner that creates an unstable slope.

(vi)

Alterations of topography may be allowed only if accessory to uses allowed by this section and does not adversely affect adjacent or nearby properties.

(vii)

Placement of natural rock rip rap, including associated grading and placement of a filter blanket, is permitted only if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the rip rap is within ten feet of the OHWL (as measured along the ground surface), and the height of the rip rap above the OHWL does not exceed three feet.

(viii)

Such other conditions as are reasonable and necessary under the circumstances as determined by the City Engineer.

(ix)

Excavations or grading where the intended purpose is connection to a public waterbody (such as boat slips, canals, lagoons, and harbors) shall not be allowed without the approval of the DNR.

d.

All shore area permits for impervious surface construction in the shore impact zone shall be subject to the additional following conditions:

i)

The impervious surface construction must: take advantage of natural vegetation and topography to achieve maximum screening of view from the public waterbody; limit the removal or alteration of vegetation; be designed so as to minimize and control erosion to the public waterbody consistent with Best Management Practices; and, be designed so as to minimize adverse impacts to the shore area.

ii)

Existing natural drainage ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and detain storm water runoff before discharge to public waters.

iii)

Development and construction must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected using methods and facilities designed and installed consistent with Best Management Practices.

iv)

When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities.