Forest Lake City Zoning Code
LAND ALTERATION
AND GRADING REGULATIONS
§ 153.143 LAND ALTERATION AND GRADING.
(A) Purpose. Land alteration and grading means the reclaiming of land by depositing or moving material so as to alter the grade. The purpose of these standards is to regulate the alteration or grading of land.
(B) Permit required. A land alteration and grading permit is required for any excavating, filling, grading, or other changes in the land’s topography that results in the movement of 50 cubic yards or more of material.
(C) Permit not required. A land alteration and grading permit is not required for the following, but the city may require the submittal of a grading plan:
(1) Excavation or grading resulting in the movement of less than 50 cubic yards of material;
(2) Grading activities associated with a construction project, provided a building permit is issued;
(3) Grading undertaken in accordance with an approved preliminary plat; or
(4) Driveways permitted in conjunction with an approved building permit.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.144 PERMIT APPLICATION, REVIEW, AND APPROVAL PROCEDURE.
(A) A land alteration and grading permit requires review and approval by the City Engineer.
(B) Application requirements for all proposals:
(1) A completed land alteration and grading permit and fee;
(2) A design in accordance with Ch. 151, regarding regulations of land disturbing and development activities in order to protect water quality and environmentally sensitive land with existing and proposed final grades with 2 foot contour intervals and 1 foot contour intervals if the distance between contours is over 100 feet.
(C) The city shall determine if the proposed operation is of a scale and has the potential to cause, either on or off-site, significant soil erosion, vegetation destruction, or drainage damage during the land alteration process. If such a determination is made, the city shall establish further application requirements. Any mining operation shall require this further documentation, including, but not limited to, such plans as the following:
(1) A Woodland Preservation Plan, as regulated in §§ 153.196 et seq., to assess the best possible layout to preserve significant trees and woodlands and to enhance the efforts to minimize damage to significant trees and woodlands;
(2) An annual staging plan, if the operation is expected to continue for more than 1 year, with grading plans for each year and an estimate of volume of material to be removed each year;
(3) A screening plan showing berms and/or landscaping to protect views from nearby properties and public streets and highways;
(4) A Storm Water Pollution Prevention Plan (SWPPP) as regulated by § 151.06.
(D) Review of the application shall be as stipulated in the conditional use permit (CUP) review procedure, with additional review and recommendation by the City Engineer and the Washington County Soil and Water Conservation District. Certain applications also require review, in accordance with other rules, by the Minnesota Department of Natural Resources, the Army Corps of Engineers, the Fish and Wildlife Service, and the appropriate Watershed District.
(E) Approval of the application shall be by the City Council as stipulated in the CUP approval process.
(F) The city may require the applicant to post a bond or other financial guarantee to ensure compliance with the permit.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.145 CONSTRUCTION SITE STANDARDS.
Construction site standards as described in § 151.08 shall be followed during construction.
(Ord. 537, passed 11-8-2004; Am. Ord. 580, passed 11-24-2008; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.146 EROSION CONTROL.
The erosion control measures outlined in § 151.08 shall be followed during construction.
(Ord. 537, passed 11-8-2004; Am. Ord. 580, passed 11-24-2008; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.147 SEDIMENT CONTROL.
The sediment control measures outlined in § 151.08 shall be followed during construction.
(Ord. 537, passed 11-8-2004; Am. Ord. 580, passed 11-24-2008; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.148 RESTORATION.
The restoration standards outlined in § 151.08 shall be followed for project completion.
(Ord. 537, passed 11-8-2004; Am. Ord. 580, passed 11-24-2008; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.149 PUBLIC WATERS.
No public water area shall be filled, partially filled, dredged, altered by grading or mining, or disturbed in any manner without first securing a permit from the Minnesota Department of Natural Resources, the United States Army Corp of Engineers, and a grading permit from the city.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.150 DRAINAGE.
(A) No land shall be developed or altered and no use shall be permitted that results in surface water runoff causing unreasonable flooding, erosion, or deposit of materials on adjacent properties or water bodies. The runoff shall be properly channeled into a storm drain, a natural watercourse or drainageway, a ponding area, or other public facility.
(B) Upon inspection of any site that has created drainage problems or could create a drainage problem with proposed new development, the owner or contractor of the site may be required to complete a grading plan and apply for a grading permit.
(C) On any slope where the natural drainage pattern may be disturbed or altered, the owner or contractor may be required to obtain a grading permit.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.151 PRESERVATION OF NATURAL DRAINAGEWAYS/WATERWAYS AND WETLAND PRESERVATION.
The alteration of wetlands shall comply with the rules and regulations of federal, state, and local agencies. A “natural drainageway” is defined as a depression in the earth’s surface, such as ravines, draws, and hollows, that has definable beds and banks capable of conducting surface water runoff from adjacent lands.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.152 PRESERVATION OF NATURAL DRAINAGEWAYS/WATERWAYS.
The preservation of natural drainage/waterways outlined in § 151.08 shall be followed during construction.
(Ord. 537, passed 11-8-2004; Am. Ord. 580, passed 11-24-2008; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)