This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, chapter 103F.201 et seq., Minnesota Regulations, parts 6120.2500—6120.3900, and is consistent with Minnesota Statutes, sections 103f.301-345, and Minnesota Rule 6105.0010—6115.0250 and 6105.1000—6115.1110, and the Management Plan for the Crow River, hereafter referred to as Minnesota Rule 6105.1040 and the planning and zoning enabling legislation in Minnesota Statutes, chapter 394.

The uncontrolled use of shorelands of Meeker County, Minnesota, affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of all shorelands of public waters and also control bluffland and river land development in order to protect and preserve the outstanding scenic, recreational, natural, historical and scientific values of the Crow River in Meeker County. The legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized and assumed by Meeker County.

A.

"Buildable area" is contiguous land that is:

(1)

Above the ordinary high water line;

(2)

Above the 100-year floodplain elevation;

(3)

Outside the perimeter of the delineated wetland area; and

(4)

Outside the perimeter of any mapped soil area defined in the soil survey of Meeker County as having severe limitations for construction of a dwelling due to slope.

B.

"Clustering" or "clustered" means a development pattern and technique whereby structures or building sites are arranged in close proximity to one another in non-linear groups, adjacent to permanently preserved common open space, so as to make the most efficient and visually aesthetic use of the natural features of the landscape and maximize visualization of permanently preserved open space.

C.

"Common interest community" means contiguous or noncontiguous real estate that is subject to an instrument which obligates persons owning a separately described parcel of the real estate, or occupying a part of the real estate pursuant to a proprietary lease, by reason of their ownership or occupancy, to pay for real estate taxes levied against, insurance premiums payable with respect to, maintenance of, or construction, maintenance, repair or replacement of improvements located on one or more parcels or parts of the real estate other than the parcel or part that the person owns or occupies.

D.

"Common open space" means a portion of a development site that is permanently set aside for public or private use, is held in common ownership by all individual owners within a development, and will not be developed. Common open space shall include wetlands, upland recreational areas, wildlife areas, historic sites, and areas unsuitable for development in their natural state. Common open space is not the space between buildings of a cluster in a conservation subdivision, and it does not include an area of 25 feet around each structure or any impervious surface.

E.

"Condominium" means a common interest community in which portions of the real estate are designated as units and the remainder of the real estate is designated for common ownership solely by the owners of the units. In addition, undivided interests in the common elements are vested in the unit owners. Said units need to be connected to municipal sewer and water.

F.

"Conservation subdivision." See article 19B.

G.

"Conventional subdivision" means a pattern of subdivision development that permits the division of land in the standard subdivision form where lots are spread evenly throughout a parcel land. The lots shall be at least double the lot sizes in area permitted in section 19A.04.A.1 and the lot widths shall be at least 1½ the lot widths permitted in section 19A.04.A.1 of the Meeker County Zoning Ordinance. This subdivision shall follow the Meeker County Subdivision Ordinance and Minnesota Statutes chapter 505 relating to subdivision platting.

H.

"Cooperative" means a common interest community in which the real estate is owned by an association, each of whose members is entitled by virtue of the member's ownership interest in the association to a proprietary lease.

I.

"Impervious surface" means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, decks, patios, driveways, paved parking lots, storage areas, and concrete, asphalt or gravel roads.

J.

"Shared-interest community" means contiguous real estate that is subject to an instrument which obligates persons owning a separately described parcel of the real estate and occupying a part of the real estate pursuant to a proprietary lease or covenant for residential use for more than three weeks within a year, by reason of their ownership or occupancy, to pay for real estate taxes levied against, insurance premiums payable with respect to, maintenance of, or construction, maintenance, repair or replacement of improvements located on one or more parcels or parts of the real estate other than the parcel or part that the person owns or occupies.

K.

"Shore impact zone" means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback.

A.

Jurisdiction. The provisions of this ordinance shall apply to the shorelands of the public water bodies as classified in section 19A.03 of this ordinance. Pursuant to Minnesota Regulations, parts 6120.2500—6120.3900, no lake, pond, or flowage less than ten acres in size in municipalities or 25 acres in size in unincorporated areas need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this ordinance.

B.

Enforcement. The zoning administrator is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity pursuant to section 19A.02.A of this ordinance.

A.

Permits required.

1.

A permit is required for the construction of structures or structure additions (and including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by section 19A.04.C of this ordinance. Application for a permit shall be made to the zoning administrator on the forms provided. The application shall include the necessary information so that the zoning administrator can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided.

2.

A permit authorizing an addition to an existing structure shall stipulate that the on-site sewage treatment system must be inspected and an identified nonconforming sewage treatment system, as defined by section 19A.04.I, shall be reconstructed or replaced in accordance with the provisions of this ordinance.

B.

Certificate of zoning compliance. The zoning administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in section 19A.02.A of this ordinance. This certificate will specify that the use of land conforms to the requirements of this ordinance. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this ordinance and shall be punishable as provided in section 19A.01.B of this ordinance.

C.

Variances.

1.

Variances may only be granted in accordance with Minnesota Statutes, chapter 394. A variance may not circumvent the general purposes and intent of this ordinance. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the board of adjustment must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year-round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties.

2.

The board of adjustment shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required in section 19A.02.D below shall also include the board of adjustment's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.

3.

For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system.

D.

Notifications to the department of natural resources.

1.

Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.

2.

A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action.

A.

Shoreland classification system. The classes of public waters are natural sensitive lakes, natural environment lakes, recreational development lakes, general development lakes, agricultural river segments, recreational river segments, and tributary river segments. All of the river classes except tributary consist of watercourses that have been identified as being recreationally significant on a statewide basis. The tributary class consists of all other watercourses identified in the protected waters inventory. General descriptions of each class follow:

a.

Natural sensitive lakes are unique water bodies such as shallow or land-locked lakes that support or have supported significant aquatic plant, fish or wildlife populations. They may be surrounded by public land, numerous constraints to development, or surface water recreation. Constraints may include hydric soils, erodible land, rare, endangered, or special concern species, shallow depths, high density of submergent or emergent aquatic vegetation, etc. These lakes currently have low development, and they are especially vulnerable to the consequences of development.

b.

Natural environment lakes are generally small, often shallow lakes with limited capacities for assimilating the impacts of development and recreational use. They often have adjacent lands with substantial constraints for development such as high water tables, exposed bedrock, or unsuitable soils. These lakes usually have little existing development or surface water recreational use.

c.

Recreational development lakes are generally medium-sized lakes of varying depths and shapes with a variety of landform, soil, and groundwater situations on the lands around them. Moderate levels of recreational use and existing development often characterize them. Development consists mainly of seasonal and year-round residences and recreationally-oriented commercial uses. Many of these lakes have capacities for accommodating additional development and use.

d.

General development lakes are generally large, deep lakes or lakes of varying sizes and depths with high levels and mixes of existing development. These lakes often are extensively used for recreation and, except for the very large lakes, are heavily developed around the shore. Second and third tiers of development are fairly common. The larger examples in this class can accommodate additional development and use.

e.

Agricultural river segments are located in well-roaded, intensively cultivated areas of the western and southern regions of the state. Cultivated crops are the predominant land use, with some pasture and occasional feedlots, small municipalities, and small forested areas. Residential development is not common, but some year-round residential use is occurring within commuting distances of major cities. Some intensive recreational use occurs on these river segments in particular areas, but overall recreational use of these waters and adjacent lands is low. Although potential exists for additional development and recreation, water quality constraints are competing land use, particularly agriculture, will inhibit expansions.

f.

Tributary river segments consist of watercourses mapped in the protected waters inventory that have not been assigned another river class. These segments have a wide variety of existing land and recreational use characteristics. The segments have considerable potential for additional development and recreational use, particularly those located near roads and cities.

g.

Recreational river (the North Fork of the Crow River in Meeker County) has been designated by the Wild and Scenic Rivers Act. Recreational rivers may have had limited diversion, ditching, or impoundments. Adjacent lands may have limited residential development, and be more fully developed for agricultural uses. Recreational rivers are used for various recreation including canoeing, hunting and fishing and are still capable of being managed so as to further the purposes of the Wild and Scenic Act. The public waters of Meeker County have been classified below consistent with the criteria found in Minnesota Regulations, part 6120.3300, and the Protected Waters Inventory Map for Meeker County, Minnesota. The shoreland area for the water bodies listed in sections 19A.03.A.1 and 19A.03.A.2 shall be as defined in section 23.111 and as shown on the official zoning map. The shoreland district for the North Fork of the Crow River land use district is fully described in Minnesota Rule 6105.1100.

1.

Lakes.

a.

Natural sensitive lakes.

b.

Natural environment lakes.

c.

Recreational development lakes.

d.

General development lakes.

e.

The majority of the area of the following lakes is in an adjacent county but also contains shoreland in Meeker County.

The following lakes are listed in Division of Waters, Soils and Minerals Bulletin No. 25, with a county other than Meeker, but do have shorelands in Meeker County:

2.

Rivers and streams.

a.

Recreational river (wild and scenic river program).

b.

Agricultural rivers.

c.

Tributary streams.

All protected watercourses in Meeker County shown on the protected waters inventory map for Meeker County, a copy of which is hereby adopted by reference, not given a classification in items a and b above shall be considered "tributary."

B.

Land use district descriptions and criteria for designation. The shoreland district for the North Fork of the Crow River land use district is fully described in Minnesota Rule 6105.1100.

The land use districts in section 19A.03.C, and the delineation of a land use district's boundaries on the official zoning map, must be consistent with the goals, policies, and objectives of the comprehensive land use plan (when available) and the following criteria, considerations, and objectives:

1.

General considerations and criteria for all land uses:

a.

Preservation of natural areas.

b.

Present ownership and development of shoreland areas.

c.

Shoreland soil types and their engineering capabilities.

d.

Topographic characteristics.

e.

Vegetative cover.

f.

In-water physical characteristics, values, and constraints.

g.

Recreational use of the surface water.

h.

Road and service center accessibility.

i.

Socioeconomic development needs and plans as they involve water and related land resources.

j.

The land requirements of industry, which, by its nature, requires location in shoreland areas.

k.

The necessity to preserve and restore certain areas having significant historical or ecological value.

C.

Land use district descriptions. The land use districts provided below, and the allowable land uses therein for the given classifications of waterbodies, shall be properly delineated on the official zoning map for the shorelands of this county. These land use districts are in conformance with the criteria specified in Minnesota Regulation, part 6120.3200, subp. 3, unless a stricter use is indicated:

1.

Land use districts for lakes.

a.

Residential District (R-2) - Uses.

b.

High Density Residential District (R-1) - Uses.

c.

Agricultural Use District - Uses.

2.

Land use districts for rivers and streams.

a.

Residential District (R-1) - Uses.

b.

High Density Residential (R-2) - Uses.

c.

Agricultural.

d.

Recreational River - Uses (North Fork of the Crow River).

All uses not listed as permitted or conditional uses shall not be allowed within the applicable land use districts.

D.

Use and upgrading of inconsistent land use districts.

1.

The land use districts adopted in article 19A, as they apply to shoreland areas, and their delineated boundaries on the official zoning map, are not consistent with the land use district designation criteria specified in section 19A.03.B herein. These inconsistent land use district designations may continue until revisions are proposed to change either the land use district designation within an existing land use district boundary shown on the official zoning map or to modify the boundary of an existing land use district shown on the official zoning map.

2.

When a revision is proposed to an inconsistent land use district provision, the following additional criteria and procedures shall apply:

a.

For lakes. When a revision to a land use district designation on a lake is considered, the land use district boundaries and use provisions therein for all the shoreland areas within the jurisdiction of this ordinance on said lake must be revised to make them substantially compatible with the framework in section 19A.03.B of this ordinance.

b.

For rivers and streams. When a revision to a land use district designation on a river or stream is proposed, the land use district boundaries and the use provisions therein for all shoreland on both sides of the river or stream within the same classification within the jurisdiction of this ordinance must be revised to make them substantially compatible with the framework in section 19A.03.B of this ordinance. If the same river classification is contiguous for more than a five-mile segment, only the shoreland for a distance of 2½ miles upstream and downstream, or to the class boundary if closer, need be evaluated and revised.

3.

When an interpretation question arises about whether a specific land use fits within a given "use" category, the interpretation shall be made by the board of adjustment. When a question arises as to whether a land use district's boundaries are properly delineated on the official zoning map, the Meeker County Board shall make this decision.

4.

When a revision is proposed to an inconsistent land use district provision by an individual party or landowner, this individual party or landowner will only be responsible to provide the supporting and/or substantiating information for the specific parcel in question. The Meeker County Board will direct the zoning administrator to provide such additional information for this water body as is necessary to satisfy items 1 and 2.

5.

The Meeker County Board must make a detailed finding of fact and conclusion when taking final action that this revision, and the upgrading of any inconsistent land use district designations on said water body, are consistent with the enumerated criteria and use provisions of section 19A.03.B.

A.

Minimum lot area and width standards. The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment of this ordinance for the lake and river/stream classifications listed below: Each lot must contain at least 30,000 contiguous square feet of buildable area, except natural environment and natural sensitive lakes shall have 40,000 square feet of buildable area. Provision 19A.04.A.1 does not apply to those tracts subject to section 4.02 of the Meeker County Zoning Ordinance.

1.

Lakes.

a.

Natural sensitive.

b.

Natural environment.

c.

Recreational development.

d.

General development.

2.

Sewered lots.

a.

Recreational development.

b.

General development.

3.

All lots platted using the conventional subdivision method must be a minimum of two times the above-listed required lot area and 1½ times the above-listed lot width. All riparian lots platted using the conventional subdivision method on the R.D. and G.D. lakes must be zoned R-1. All G.D. and R.D. conventional subdivisions shall have a minimum 35-foot buffer from the OHWL. All N.E. and N.S. conventional subdivisions shall have a minimum 75-foot buffer from the OHWL.

4.

Recreational river (North Fork of the Crow River).

5.

River/stream lot width standards. The minimum lot size requirements for riparian and non-riparian rivers and streams are controlled by the natural environment standards as set forth in section 19A.04.A.1 and section 19A.04.A.2. The lot width standards for single and duplex residential developments for the river/stream classifications are:

6.

Setbacks listed for "tributary streams" shall apply to all tributaries within the recreational district for the North Fork of the Crow River.

7.

Additional special provisions.

a.

One guest cottage may be allowed on lots meeting or exceeding the duplex lot area and width dimensions presented in sections 19A.04.A.1—19A.04.A.3, provided the following standards are met:

(1)

For lots exceeding the minimum lot dimensions of duplex lots, the guest cottage must be located within the smallest duplex-sized lot that could be created including the principal dwelling unit;

(2)

A guest cottage and a garage attached to a guest cottage must not cover more than 1,400 square feet of land surface and must not exceed 15 feet in height. A maximum of 700 square of the above-mentioned square footage may be livable area and a guest cottage may be allowed to have an attached garage that does not cover more than 700 square feet of land surface and does not exceed 15 feet in height; and

(3)

A guest cottage may not be constructed on a basement and the total square footage area of all floors with a ceiling height of seven feet or more shall not exceed the maximum square footage as stated above; and

(4)

A guest cottage and a garage attached to a guest cottage shall be considered a detached accessory building and the square footage shall be included in calculating the maximum allowed accessory building square footage on a lot.

(5)

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.

b.

Storage of recreational camping vehicles and watercraft. No more than one recreational camping vehicle, as defined in section 23.97, and one watercraft, as defined in section 23.134, may be stored outside for another person on each lot. An unoccupied recreational camping vehicle and watercraft stored outside may remain no longer than 30 continuous days on a lot unless owned by the lot owner. Storage of a recreational camping vehicle shall only be permitted on a lot that has an existing dwelling on it. A recreational camping vehicle shall not be considered or utilized as an accessory, structure or facility.

c.

Occupied and/or unoccupied recreational camping vehicles, while not considered structures, shall be placed where they meet all structure setbacks or are no closer to any lot line or road than the existing dwelling, whichever is less, except in permitted recreational camping areas.

B.

Placement, design, and height of structures.

1.

Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining platted tracts within 600 feet of both side lot lines of a proposed building site, structure setbacks for the primary dwelling may be altered without a variance when the primary residential dwelling is placed at or greater than the average setback of the foundation of the residential dwellings on said tracts. Said new dwelling shall be located not closer than 50 feet to the ordinary high water level or at the actual averaged setback, whichever is greater, provided the proposed building site is not located in the shore or bluff impact zone and said dwellings utilized to establish the average were not granted a variance to allow for a lesser setback to the ordinary high water level. For properties in said averaging area without a primary dwelling constructed on them, the full structure setback for the appropriate lake class shall be used in establishing the average setback. Proposed structures shall be drawn on the site plan, along with structures on adjoining lots. Structures shall be located as follows:

a.

Structure and on-site sewage system setbacks (in feet) from ordinary high water level.*

*One water-oriented accessory structure designed in accordance with section 19A.04.B.2 of this ordinance may be set back a minimum distance of ten feet from the ordinary high water level.

b.

Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body:

c.

Bluff impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.

d.

Uses without water-oriented needs. Commercial, industrial, public and semi-public 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.

2.

Design criteria for structures.

a.

Water-oriented accessory structures. No water-oriented accessory structures are allowed in recreational river districts. All other lots may have one water-oriented accessory structure not meeting the normal structure setback in section 19A.04.B.1 of this ordinance. To preserve the water quality and aesthetic integrity of Meeker County lakes and rivers, a water-oriented accessory structure must comply with the following provisions.

(1)

The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet.

(2)

Detached decks must not exceed eight feet above grade at any point.

(3)

The setback of the structure or facility from the ordinary high water level must be at least ten feet on general development and recreational development lakes and 50 feet on natural environment and natural sensitive lakes.

(4)

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.

(5)

The roof may not be used as a deck nor be enclosed or used as a storage area.

(6)

The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.

b.

High water elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed must be determined as follows:

(1)

For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher.

(2)

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 three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with 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. No structure may be placed in floodway portions of the floodplain.

(3)

Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item 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.

c.

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 lifts must meet the following design requirements:

(1)

Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties.

(2)

Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space recreational properties.

(3)

Canopies or roofs are not allowed on stairways, lifts, or landings.

(4)

Stairways, lifts, and landings shall be constructed above the ground on posts or pilings and built in a manner that ensures control of soil erosion.

(5)

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.

(6)

Residential lots shall have no more than one lift and one stairway.

(7)

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 sub-items (1) to (5) are complied with in addition to the requirements of Minnesota Regulations, chapter 1341. Filling, grading and excavating to achieve such facilities shall be limited to no more than ten total cubic yards in shore or bluff impact areas.

d.

Decks. Attached and detached decks one foot or greater off grade and/or 250 square feet or more must meet the structure setback standards. Attached decks that do not meet setback requirements from public waters may be allowed with a variance or with the averaging provision. Detached decks less than one foot off grade and less than 250 square feet in area may be constructed no closer to the ordinary high water level of any lake than at the shore impact zone line for the classification of said lake, unless a variance has been granted. This provision does not include stair switchbacks or landings that are the same width as the stairs. All other structure setbacks and site regulations must be followed.

e.

Significant historic sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.

f.

Steep slopes. The zoning administrator must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. No structure may be placed on any slope greater than 13 percent on the North Fork of the Crow River (recreational river in the state wild and scenic rules).

3.

Height of structures. All structures in residential districts, except churches and non-residential agricultural structures, must not exceed 30 feet in height.

C.

Shoreland alterations and restorations. Alterations of natural vegetation and topography shall be controlled by local governments to prevent erosion into public waters, fix nutrients, infiltrate rainwater runoff, preserve shoreland aesthetics, and historic values, prevent bank slumping, limit direct and indirect impacts on water quality, and protect fish and wildlife habitat. Local governments shall also adopt controls governing the restoration of the shore impact zone to correct previous vegetation and landscape alterations. Vegetation removal necessary for the construction of structures and sewage treatment systems under validly issued permits for these facilities shall be exempt from the standards in this subpart and separate permit requirements for grading and filling. However, the grading and filling conditions of this subpart must be met for issuance of permits for structures and sewage treatment systems. Public roads and parking areas, as regulated by section 19A.04.D, and public swimming areas are exempt from the provisions of this part. Removal or alterations of natural vegetation, for agricultural uses as provided for in subpart 19A.04.F.2, shall be allowed according to the following standards:

1.

Vegetation alterations.

a.

Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by section 19A.04.D of this ordinance are exempt from the vegetation alteration standards that follow. If vegetative screening, assuming summer leaf -on conditions, is substantially reduced, a restoration plan may be required at the time of permit issuance or at subsequent inspection.

b.

Removal or alteration of vegetation, except for agricultural uses as regulated in sections 19A.04.F.2 and 19A.04.F.3, respectively, is allowed subject to the following standards:

(1)

Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. Vegetation clearing and removal of ground cover, including leaf litter and the forest floor duff layer, within the shore and bluff impact zones and on steep slopes greater than 18 percent shall not be allowed.

(a.)

In shore and bluff impact zones and/or on steep slopes on general development and recreational development lakes, 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 landing, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities.

(b.)

For platted subdivisions developed on natural environment lakes, natural sensitive lakes, recreation rivers, agricultural rivers, tributary rivers, an area 75 feet landward of the shoreline, measured from the OHWL shall be a no-mow zone, except for a path perpendicular to the shoreline no more than 50 feet wide. The path shall be indicated on the preliminary plat and site plan. There shall be no clearing of trees, except if damaged or dead, but those trees must be replaced according to 19A.04.C.1.a. At least 50 percent of the tree restoration must be in the no-mow zone. The mowed path shall be maintained in vegetative cover. The no-mow zone shall be maintained in trees, shrubs, native grasses, and herbaceous plants other than grass and/or forbs. This provision shall not apply to plats made before December 1, 2005.

(c.)

Lots shall be permitted to establish a view corridor not to exceed 50 feet or one-half the lot width, whichever is less and must meet the following provisions.

1.

Prior to vegetative removal regulated by this section or prior to establishing a view corridor on a riparian lot, the property owner shall complete a vegetative alteration plan and submit it to Meeker County Planning and Zoning for approval.

2.

Except Box Elder, the removal of exotic species such European Buckthorn or Purple Loosestrife or noxious species such as Poison Ivy or Prickly Ash is permitted as a portion of an approved vegetation management plan.

(d)

The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced.

(e)

Along rivers, existing shading of water surfaces is preserved.

(f)

The above provisions are not applicable to the removal of trees, limbs, branches that are dead, diseased, or pose safety hazards or for vegetation which are considered a noxious species.

(2)

Restoration may be required for vegetation, which has been removed inconsistent with the criteria listed above or is inconsistent with an approved vegetation management plan.

2.

Topographic alterations/grading and filling.

a.

Grading and 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 separate approval or the issuance of a conditional use 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.

b.

Public roads and parking areas are regulated by section 19A.04.D of this ordinance.

c.

Notwithstanding items a and b above, a conditional use 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.

a.

Prior to commencing said project photographs shall be provided to Meeker County Planning and Zoning of all properties proposing a project to move and/or bring in up to five cubic yards of material but less than ten cubic yards to be moved for the project.

(2)

The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.

(3)

No portion of a project requiring a conditional use permit due to cubic yards of material moved and/or brought in within the shoreland district may be commenced until said permit is approved by the Meeker County Board of Commissioners.

d.

An application for a conditional use permit to move more than ten cubic yards of material on steep slopes or within shore of bluff impact zones and/or more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones must include the following:

1.

A survey completed by a licensed land surveyor showing existing elevations and proposed finished elevations;

2.

An erosion control plan;

3.

Total cubic yards of material proposed to be brought in and/or moved on site;

4.

Finished height of all walls measured from grade to cap; and

5.

Engineering completed by a licensed structural engineer licensed in the State of Minnesota for any walls that are four feet or taller.

e.

The following considerations and conditions must be adhered to during the issuance of land use permits, conditional 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 by a certified wetland delineator 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.

(f)

Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.

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 Minnesota Department of Natural Resources, the Meeker County SWCD (for Wetland Conservation Act compliance) or the United States Army Corps of Engineers. The applicant will be so advised.

(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 percent 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 of the Minnesota DNR under Minnesota Statutes, section 103G.245.

(10)

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. Plans to place fill or excavated material on steep slopes, including the construction of walkout basements, shall develop a plan for continued slope stability and must not create finished slopes of 30 percent or greater. Final grades must provide for gravity surface drainage without the use of subsurface tile lines, pumps or other fabricated means except that the use of foundation drainage is permitted.

(11)

Placement of natural rock riprap, shall comply with regulations adopted pursuant to Minnesota Statutes, sections 103G.245 and 103G.405. Natural rock riprap shall only be used for the correction of an established erosion problem that cannot be controlled through the use of native vegetation, slope stabilization using mulch, biomat, or similar means. Riprap used for aesthetic purposes or for terracing natural slopes shall be prohibited within the shore and bluff impact zones. 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. Riprap placed above (landward) the ordinary high-water mark must be limited to ten cubic yards. A conditional use permit is required for more extensive rock riprap or grading and/or filling. Rock riprap shall not exceed a vertical height of more than ten feet above the OHWL. Fieldstone is preferred over quarry rock and may be prescribed in a conditional use.

(12)

Ice ridge repair is permitted if the shoreline is restored to its original cross section and alignment of the lakebed, or if the repairs fit the DNR no permit required guidelines for DNR protected waters.

f.

All topographic depressions drained by agricultural surface intake tiles must be made a part of the stormwater management plan and be utilized as stormwater retention basins, maximizing storage to the greatest possible extent.

g.

Connections to public waters. Excavations where the intended purpose is connection to 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. (Statutes 103G.245 and 103G.405.)

h.

Excavation of material from, or filling in a wild, scenic or recreational river, or construction of any permanent structures or navigational obstructions therein is prohibited unless authorized by a permit from the commissioner of DNR pursuant to Minnesota Statutes section 105.42.

i.

Shoreline recreation facilities for lots. For residential lots, shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, aquatic and shoreland vegetation, soils, depth to groundwater and bedrock, or other relevant factors. Controlled access lots must be developed for new subdivisions where direct riparian access is not appropriate due to the presence protected vegetation, wetlands, or other critical fish or wildlife habitat. Boating facilities shall be located adjacent to the deepest water available. Only one dock shall be allowed per residential lot in the subdivision. Shoreline recreation facilities shall not be designed for use by non-riparian lots.

D.

Placement and design of roads, driveways and parking areas.

1.

Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. A county road engineer must provide documentation that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.

2.

Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.

3.

Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. For private facilities, the grading and filling provisions of section 19A.04.C.2 of this ordinance must be met and grading, filling and excavating must be limited to ten cubic yards in shore and bluff impact areas.

4.

Public roads in recreational river areas shall be consistent in permits as may be required by Minnesota Statutes section 105.42, a conditional use permit shall be required for any construction or reconstruction of new public roads within the Crow River land use district(s). Such construction or reconstruction shall be subject to the standards and criteria of Minnesota Rule 6105.0170. A conditional use permit is not required for minor public streets, which are streets intended to serve primarily as an access at abutting properties. Public roads include township, county, and municipal roads and highways, which serve or are designed to serve flows of traffic between communities or other traffic generating areas.

E.

Stormwater management. The following general and specific standards shall apply:

1.

General standards.

a.

Minnesota Rule 6105.0160, subpart 4, prohibits the draining or filling of any wetlands within the wild and scenic district. In all shoreland areas, when possible, existing natural drainage ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter and retain stormwater runoff before discharge to public waters.

b.

Development 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 as soon as possible and facilities or methods used to retain sediment on the site.

c.

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.

d.

Construction shall use best management practices, such that by design achieve the maximum extent practicable, a reduction of 80 percent of the sediment load carried in runoff on an average annual basis until the construction site has undergone final stabilization. The use, storage and disposal of chemicals, cement and other compounds and materials used on the construction site shall be managed during the construction period to prevent their transport by runoff into the lake.

e.

After construction, best management practices shall be designed, installed and maintained to control total suspended solids, peak discharge, and infiltration. To the maximum extent practicable, runoff of total suspended solids shall be reduced 80 percent, based on an average annual rainfall, as compared to no runoff management controls. Peak runoff discharge rates shall be reduced to the maximum extent practicable to the pre-development conditions for the two-year, 24-hour design storm applicable to the site. Developments are required to have best management practices so that the post-development infiltration volume is at least 75 percent of the pre-development infiltration volume. All developments shall contain the 100-year, 24-hour storm event within the development comparable to the natural, pre-development condition. Best management practices include porous pavement, filter strips, swales, infiltration basins, disconnected impervious areas, rain gardens and other conservation designs.

2.

Specific standards.

a.

Impervious surface coverage of lots must not exceed 25 percent of the lot area except as stated in article 19B, Conservation Subdivision Ordinance.

b.

When constructed facilities are used for stormwater management, documentation must be provided by an engineer, soil and water conservation district specialist or hydrologist that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts.

c.

New constructed stormwater outfalls and tile with a diameter of 15 inches or larger draining into public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.

F.

Special provisions for commercial, industrial, public/semipublic, agricultural, forestry and extractive uses.

1.

Standards for commercial, industrial, public and semipublic uses.

a.

Surface water-oriented commercial uses and industrial, public or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs must meet the following standards:

(1)

In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this ordinance, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures.

(2)

Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need.

(3)

Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards:

(a)

No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff.

(b)

Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters.

(c)

Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights.

(d)

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.

2.

Agriculture use standards.

a.

General cultivation farming, orchards, 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 permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 75 feet from the ordinary high water level.

b.

Animal feedlots must meet the following standards:

(1)

Location restrictions. Except as provided in items (a), (b), and (c), a new animal feedlot or a manure storage area must not be constructed within shoreland.

(a)

An animal feedlot or a manure storage area located in shoreland meeting the requirements of MN Rule 7020.0300, subpart 15, item B; and

(b)

That has been unused for less than ten years and is a pollution hazard may resume operation after applying for and obtaining an interim permit under MN Rule 7020.0405, subpart 1, item C; or

(c)

That has been unused for ten years or more must not resume operation.

(2)

Shoreland expansion limitations. An existing animal feedlot or manure storage area located in shoreland may not expand to a capacity of 1,000 animal units or more or the manure produced by 1,000 animal units or more. An existing animal feedlot or a manure storage area expanding in shoreland shall not locate any portion of the expanded animal feedlot or the manure storage area closer to the ordinary high water mark than any existing portion of the animal feedlot or the manure storage area.

3.

Forest management standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Non-Point Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management Best Management Practices in Minnesota.

4.

Extractive use standards.

a.

Site development and restoration plan. An extractive use site development and restoration plan must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end.

b.

Setbacks for processing machinery. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.

G.

Utility transmission lines. All utility transmission crossings of land within the Crow River land use district(s) shall require a conditional use permit. The construction of such transmission services shall be subject to the standards and criteria of Minnesota Rule 6105.0170. No conditional use permit shall be required for high voltage transmission lines under control of the public utilities commission pursuant to Minnesota Statutes, section 116 C.61.

H.

Conditional uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established county-wide. The following additional evaluation criteria and conditions apply within shoreland areas.

1.

Evaluation criteria. A thorough evaluation of the water body and the topographic, vegetation, and soils conditions on the site must be made to ensure:

a.

The prevention of soil erosion or other possible pollution of public waters, both during and after construction.

b.

The visibility of structures and other facilities as viewed from public waters if limited.

c.

The site is adequate for water supply and on-site sewage treatment.

d.

The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safety accommodate these watercraft.

2.

Conditions attached to conditional use permits. The Meeker County Planning Commission, upon consideration of the criteria listed above and the purposes of this ordinance, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following:

a.

Increased setbacks from the ordinary high water level.

b.

Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted.

c.

Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas.

I.

Water supply and sewage treatment.

1.

Water supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency.

2.

Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows:

a.

Publicly-owned sewer systems must be used where available.

b.

All private sewage treatment systems must meet or exceed the Minnesota Pollution Control Agency's standards for individual sewage treatment systems contained in the document titled, Individual Sewage Treatment Systems Standards, chapter 7080, and all future amendments, along with other related state agency rules referenced in Minnesota Rules chapter 7080, a copy of which is hereby adopted by reference and declared to be a part of this ordinance.

c.

On-site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in section 19A.04.B.1 of this ordinance.

d.

Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with section 19A.05 of this ordinance.

A.

All legally established nonconformities as of the date of this ordinance may continue, but they will be managed according to applicable state statutes and other regulations of this county for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas:

1.

Nonconforming lots of record located within the shoreland district. A nonconformity, except as otherwise provided by law, including the lawful use or occupation of land or premises existing at the time of the adoption of an official control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. If the nonconformity or occupancy is discontinued for a period of more than one year, or any nonconforming building or structure is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged, any subsequent use or occupancy of the land or premises must be a conforming use or occupancy. If a nonconforming building or structure is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of the damage, the board may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body.

2.

Existing nonconforming lots in shoreland areas. This subdivision applies to shoreland lots of record in the office of the county recorder on the date of adoption of local shoreland controls that do not meet the requirements for lot size or lot width and which were designed and platted according to the shoreland rules adopted by Meeker County on December 6, 1972. Meeker County shall regulate the use of nonconforming lots of record and the repair, replacement, maintenance, improvement, or expansion of conforming uses and structures in the shoreland areas according to this article.

a.

A nonconforming single lot of record located within a shoreland area may be allowed as a building site without variances from lot size requirements provided that:

1.

All structure and septic system setback distance requirements can be met;

2.

A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connect to a public sewer; and

3.

The impervious surface coverage does not exceed 25 percent of the lot.

b.

In a group of two or more contiguous lots of record, before December 6, 1972, under a common ownership, an individual lot must be considered a separate parcel of land for the purpose of sale or development, if it meets the following requirements:

1.

The lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120;

2.

The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, and local government controls;

3.

Impervious surface coverage must not exceed 25 percent of each lot; and

4.

Development of the lot must be consistent with an adopted comprehensive plan.

c.

A lot subject to section 19A.05.A.2.b not meeting the requirements of section 19A.05.A.2.b must be combined with the one or more contiguous lots so they equal one or more conforming lot as much as possible.

d.

Notwithstanding section 19A.05.A.2.b, contiguous nonconforming lots of record in the Shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of section 115.55 and Minnesota Rules, chapter 7080, or connected to a public sewer.

e.

If evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increases setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions.

f.

A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage system requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel.

g.

Except all lots designed and platted according to the shoreland rules adopted by Meeker County on December 6, 1972, and the Statewide Standards for Management of Shoreland Areas dated July 3, 1989.

B.

Additions/expansions to nonconforming structures.

1.

All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of section 19A.04 of this ordinance. Any deviation from these requirements must be authorized by a variance pursuant to section 19A.02.C.

2.

Decks. Decks must meet the structure setback standards. Decks that do not meet setback requirements from public waters may be allowed with a variance or with the averaging provision.

C.

Nonconforming sewage treatment systems.

1.

A sewage treatment system not meeting the requirements of section 19A.04.I.2 of this ordinance must be upgraded, at a minimum, at any time a land transfer occurs or when a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment systems improper setback from the ordinary high water level. For the purpose of this section, a land transfer occurs when a certificate of real estate value is required to be filed or when a transfer of ownership interest in a corporation, partnership, cooperative or other entity results in a change in possession or use rights to a parcel of property or structure located thereon. Contiguous lots within the shoreland district in common ownership shall be considered one property for the purposes of the SSTS requirements. For properties requiring either an SSTS upgrade or a new SSTS system if said property owner owns sufficient land, whether it be contiguous or separated by a road, said land shall be utilized for the purpose of installing a conforming SSTS system.

a.

Existing sewer information shall be on forms (sewer information data forms) furnished by the county. Inspections shall be valid for three years, except that where a new on-site system has been installed; the information shall be valid for five years unless an imminent health threat, as defined in Minn. Stat. § 115.55, subd. 5a, is identified.

2.

Meeker County will require upgrading or replacement of any nonconforming system identified through a program of education, inspection or examination of records within a reasonable period of time, which will not exceed three years from proper notification. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes, section 103F.201, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Pollution Control Agency's chapter 7080 for design of on-site sewage treatment systems, shall be considered nonconforming.

A.

Land suitability. Each lot created through subdivision authorized under section 19A.07 of this ordinance must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the Meeker County Planning Commission shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. Each lot created must have a suitable building site capable of construction of a primary dwelling without filling or requiring variance.

B.

Consistency with other controls. Subdivisions must conform to all official controls of Meeker County. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with sections 19A.04.B and 19A.04.I can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of section 19A.04.A, including at least a minimum contiguous lawn area that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks must not be approved.

C.

[Sufficient information required for determination.]Sufficient information must be submitted by the applicant for the Meeker County Planning Commission to make a determination of land suitability. The information shall include at least the following:

1.

Topographic contours at two-foot intervals from United States Geological Survey maps or more accurate sources, showing limiting site characteristics.

2.

The surface water features required in Minnesota Statutes, section 505.02, subdivision 1, to be shown on plats.

3.

Adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods.

4.

Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities.

5.

Location of 100-year floodplain areas, floodway districts, and the regulatory flood protection elevation from existing adopted maps or data.

6.

A line or contour representing the ordinary high water level, the toe and the top of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream.

D.

Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands.

E.

Platting. All subdivisions that create two or more lots or parcels that is 2½ acres or less in size shall be processed as a plat in accordance with Minnesota Statutes, chapter 505. No permit for construction of buildings or sewage treatment systems shall be issued for lots created after these official controls were enacted unless the lot was approved as part of a formal subdivision.

F.

[Controlled access lots.] Controlled access lots, or parcels of land intended or used to provide accesses to public waters for owners of riparian lots within platted subdivisions, shall be allowed where direct riparian access is not feasible due to the presence of protected vegetation, wetlands, or other critical fish or wildlife habitat. Controlled access lots shall not be allowed where it is intended to provide riparian access for owners of non-riparian lots or parcels. Where allowed controlled access lots shall meet or exceed the following standards:

1.

All controlled access lots shall be governed by a covenant recorded on the title of every lot or parcel of land allowed to use the controlled access lot. Controlled access lots shall also comply with all of the dimensional standards in part 6120.3300, subp. 2a and 2b. Where more than six watercraft are to be docked, moored or given over-water storage, the width of the lot shall be increased by 25 percent for each watercraft in excess of six.

2.

Controlled access lots must be jointly owned by all purchasers of riparian lots within a platted subdivision.

3.

The controlled access lots shall be suitable for the intended activities. All facilities shall be centralized and located in areas suitable for them. Evaluation of suitability shall include consideration of land slope, water depth, aquatic and shoreland vegetation, soils, depth to groundwater and bedrock, or other relevant factors.

4.

Permitted activities may include watercraft launching, loading, storage, beaching, mooring, or docking area, but shall not include residential or commercial uses. A single dock and boat-launching ramp may be permitted and no member shall own or use an individual dock. Boating facilities must be located adjacent to the deepest water available. Continuous boat mooring shall be limited to one watercraft per lot served. Controlled access lots may include other outdoor recreational activities that do not conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of such activities include swimming, sunbathing, or picnicking. Covenants governing controlled access lots shall limit the total number of vehicles allowed to be parked and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. All parking areas, storage buildings, and other facilities shall be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on conditions.

5.

Controlled access lots shall meet or exceed the shoreland vegetation buffer standards in part 6120.3300, subp. 4.

6.

The impervious surface coverage for controlled access lots must not exceed 20 percent of lot area.

G.

[Outlots.] An outlot shall not be considered a buildable lot for a dwelling unless it is replatted and meets the required lot width, depth and area requirements.

A.

Certain land use decisions that directly affect the use of land within the designated land use districts and involve any of the following actions must be certified by the commissioner:

1.

Adopting or amending an ordinance regulating the use of land including rezoning of particular tracts of land.

2.

Granting a variance from a provision of this ordinance, which related to the zoning dimension provisions of section 19A.05 of this ordinance and any other zoning dimension provisions established in Minnesota Rule 6105.1040.

3.

Approving a plat that is inconsistent with the local land use ordinance.

B.

Certification procedure.

1.

A copy of all notices of any public hearings, or where a public hearing is not required, a copy of the application to consider zoning amendments, variances, or inconsistent plats under local ordinance shall be sent so as to be received by the commissioner at least 30 days prior to such hearings or meetings to consider such actions. The notice of application shall include a copy of the proposed ordinances or amendment, or a copy of the proposed inconsistent plat, or a description of the requested variance.

2.

Meeker County shall notify the commissioner if its final decision on the proposed action within ten days of the decision.

3.

The action becomes effective when and only when either:

a.

The final decision taken by Meeker County has previously received certification of approval from the commissioner; or

b.

Meeker County receives certification of approval after its final decision; or

c.

30 days have elapsed from the day the commissioner received notice of the final decision, and the Meeker County has received from the commissioner neither certification of approval nor notice of non-approval; or

d.

The commissioner certifies his approval within 30 days after conducting a public hearing.

C.

In case the commissioner gives notice of non-approval of an ordinance, variance or inconsistent plat, either the applicant of the chief executive officer of Meeker County may within 30 days of said notice, file with the commissioner a demand for hearing. If the demand for hearings not made within 30 days, the notice of non-approval becomes final.

1.

The hearing will be held in an appropriate local community within 60 days of the demand and after at least two weeks' published notice.

2.

The hearing will be conducted in accordance with Minnesota Statutes § 105.44, subdivisions 5 and 6 (1971) as amended.

3.

The commissioner shall either certify his approval or disapproval of the proposed action within 30 days of the hearing.

Townships may adopt shoreland management controls under authority of Minnesota Statutes, section 394.33, subdivision 1, if the controls are not inconsistent with or less restrictive than the controls adopted by the county in which the township is located. This must be accomplished in accordance with the following conditions:

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For the purposes of Minnesota Regulations, parts 6120.2500 to 6120.3900, shoreland management controls adopted by townships will only be considered to be consistent with county controls if they cover the same full range of shoreland management provisions covered by the county controls, contain dimensional standards at least as restrictive as those in the county controls, and do not allow land uses in particular areas that are not allowed under the county's official controls.

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The township must demonstrate to the county board that their proposed ordinance and administration is at least as restrictive as the county's prior to final adoption by the township. This will include, at a minimum, that the township has the staff necessary to administer the ordinance, has sufficient building permit application and certification forms and procedures, and an enforcement mechanism to enforce the ordinance should violations occur.

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Townships must provide for administration and enforcement of shoreland management controls at least as effective as county implementation. Townships that adopt shoreland controls must provide the notifications in section 3.4 of the sample ordinance to the commissioner or the commissioner's designee and to the zoning official of the county.

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After adequate shoreland management controls are adopted by a township, property owners must only obtain necessary permits and approvals as required in the township shoreland management controls. Property owners do not have to obtain similar permits or approvals under the county's shoreland controls.

The commissioner of the department of natural resources must also approve a township's shoreland ordinance. The DNR and the respective county should work together to make a joint determination as to whether the township's ordinance is in compliance with state and county standards.

ORDINANCE CERTIFICATION CHECKLIST

(CITY/COUNTY NAME)

Once all the below listed tasks are completed, please sign and return the checklist and all required documents to the appropriate DNR area hydrologist.

1.

_______ Date of published hearing notice.

2.

_______ Date of postmark of hearing notice to Commissioner of the Department of Natural Resources/area hydrologist.

3.

_______ Date of hearing(s).

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_______

4.

_______ Date of ordinance adoption.

5.

_______ If ordinance is published in entirety, date and affidavit of newspaper publication in adopted ordinance (include three copies of ordinance).

6.

_______ If only ordinance summary published, date and affidavit of newspaper publication of ordinance title and summary along with certified copy of adopted ordinance in its entirety from clerk/auditor (include three copies of ordinance).

7.

_______ Date of official filing of adopted ordinance with county recorder (_______ record book number _______ page number).

8.

Yes _______ No _______ Board of adjustment and appeals has been established?

Note: Cities under charter must also submit a list of any additional requirements for hearings, notices, etc. stated in their charter. Please specify:

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