The purpose of the shoreland district is to recognize, preserve, protect and enhance the environmental, recreational and hydrologic resources and functions of the city's lakes and tributary creeks by regulating the use of both the public waters and adjacent land. In order to promote the general health, safety and welfare, certain protected waters in the city have been given a shoreland management classification by the Minnesota department of natural resources and the city of Minnetonka. The intent of the shoreland district is to apply the regulations and standards to public waters and adjacent land as an overlay zone, further regulating the use of land as allowed by other districts of this ordinance.

The Minnesota department of natural resources has assigned a shoreland management classification status to public water. Public water classifications as defined by the Minnesota Department of Natural Resources and the city of Minnetonka include the following:

a)   Recreational Development. Recreational development lakes (RD) are characterized by moderate levels of recreational use and existing development. Many of these lakes have capacities for accommodating additional development and recreational use.

b)   General Development. General development lakes (GD) have high levels and mixes of existing development. These lakes are extensively used for recreation and heavily developed around the shore.

c)   Tributary Creeks. Tributary creeks (TR) consist of all watercourses mapped in the Minnesota department of natural resources public waters inventory including the Minnehaha Creek, the Nine Mile Creek, the south fork of the Nine Mile Creek, the Purgatory Creek including both branches, and the public watercourse that flows out of Glen Lake. These creeks include those defined as tributary rivers by the Minnesota department of natural resources.

d)   The following classifications of public waters have been assigned by the Minnesota department of natural resources and the city of Minnetonka:

Windsor (27-82P)      RD          Wing (27-91P)      RD

Libbs (27-85P)      GD          Rose (27-92P)         RD

Shavers (27-86P)      RD         Glen (27-93P)         RD

Mud (Minnetoga) (27-88P)   RD         Lone (27-94P)         RD

Shady Oak (27-89P)      RD         Minnetonka (27-133P)   GD

Holiday (27-90P)      GD         Crane (27-734P)      GD

Gleason (27-95P)      RD

Tributary Creek             Classification

Minnehaha Creek (27-036a)         TR

Purgatory Creek (27-054a)         TR

Purgatory Creek, Eastern fork (27-055a)   TR

Purgatory Creek, Western fork (27-056a)   TR

Nine Mile Creek (27-050a)         TR

Nine Mile Creek, Southern fork (27-051a)   TR

The shoreland district consists of:

a)   land containing or abutting public waters and assigned a shoreland management classification by the Minnesota Department of Natural Resources or the city of Minnetonka; and

b)    land located within the following distances from public water:

   1)    1,000 feet from the ordinary high water level (OHWL) of a lake;

   2)    300 feet from OHWL (top of bank) of a tributary creek, or the upland edge of the floodplain designated by ordinance, whichever is greater.

Properties or portions of properties may be exempt from the requirements of the shoreland district if the drainage and runoff patterns from the properties are directed outside of the drainage basin of the public water as a result of a natural topographic divide. This exemption determination will be made by the city engineer.

At or below the ordinary high water level, and within shore and bluff impact zones, no land may be used except for one or more of the following uses:

a)   residential yards;

b)   wildlife and nature preserves;

c)   public and private parks;

d)   pervious hiking and skiing trails;

e)   public utilities;

f)   public and private flood control structures, ponding and drainage facilities and associated accessory appurtenances if the city determines that there is no other viable alternative as approved by the city engineer;

g)   environmental monitoring or control facilities, including those related to water quality and wildlife regulation;

h)   docks no wider than 8 feet unless a permit is obtained from the Minnesota department of natural resources, boat lifts and mooring structures;

i)   foot bridges over a creek if it does not obstruct passage or block navigation and is permitted by the Minnesota department of natural resources;

j)   beaches;

k)   public fishing piers;

l)   soil stabilization techniques permitted by the Minnesota department of natural resources; and

m)   retaining walls if needed to control existing conditions of erosion as field verified by staff, but only if there is absolutely no other alternative to protect the integrity of the slope. No new retaining wall is allowed below the ordinary high water level.

(Amended by Ord. 2019-06, adopted March 18, 2019)

At or below the ordinary high water level and within shore and bluff impact zones, land may be used for the following only by conditional use permit and only in conformance with the standards specified in section 300.26 of this code:

a)   within shore and bluff impact zones, private and public recreational uses, such as picnic grounds, boardwalks and impervious trails; or

b)   non-motorized public water craft landings, marinas, and boat ramps.

(Amended by Ord. 2019-06, adopted March 18, 2019)

Permitted and conditionally permitted uses on lands outside the shore and bluff impact zones are those uses allowed and regulated by applicable underlying zoning districts.

The following standards apply to all land within the shoreland district based on proximity to the specified classifications:

            (GD)         Creeks(RD)      

   riparian lots:      square feet      square feet      square feet

            square feet      square feet      square feet

            square feet      square feet      square feet

            square feet      square feet      square feet

            square feet       square feet       square feet

   R-3, R-4, and R-5:   square feet      square feet      square feet

            feet         feet         feet   

   OHWL:      2 feet         2 feet         2 feet

   or privacy fence:   50 feet         75 feet         50 feet

Fences that are 6 feet in height or less and do not obstruct views such as chain link or wrought iron can extend up to the OHWL but not into any adjacent wetland.

   structures:      35 feet         35 feet         35 feet

   order to minimize the shoreland impact:

   1)   proximity to the public water;

   2)   screening of structures and vehicles as viewed from the water in summer leaf-on conditions;

   3)   amount of open space;

   4)   amount and location of water quality treatment systems that are beneficial to the receiving public water; and

   5)   methods that implement shoreland management strategies to protect the public water, which may include vegetative protection and enhancement, creation of wildlife habitat, or water quality enhancement strategies.

   OHWL:      30 percent      30 percent      30 percent

   OHWL:      75 percent      75 percent      75 percent

   The city may allow credit for pervious hard surfaces such as pavers or pervious concrete to the extent of the proven infiltration rate for the pervious pavement area. For example if pervious pavers are installed in an area totaling 100 square feet, and the pavers are proven to infiltrate 14 percent of the area, up to 14 square feet may be subtracted from the impervious surface coverage.

   landings:      30 feet         30 feet         30 feet

(Amended by Ord. No. 2011-30, adopted December 19, 2011, amended by Ord. No. 2019-06, adopted March 18, 2019)

d)   Discharge into the public waters must occur at a rate no greater than the rate allowed by the city engineer in accordance with the city's water resources management plan and appropriate watershed district requirements.

e)   All construction projects must provide erosion and sediment control as required by the city.

f)   No building permit will be issued by the city for the construction or alteration of any principal structure on property adjoining a lake or tributary creek if that structure is not served by the city's sanitary sewer system.

g)   No structure may be placed nearer than 50 feet from the boundary of an unplatted cemetery or significant historic site protected under Minnesota statute section 307.08 unless necessary approval is obtained from the Minnesota state historic preservation office.

h)   Each lot wholly or partially within the shoreland district and created through a subdivision must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the city must consider susceptibility to flooding, existing wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, near-shore aquatic conditions unstable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or the community.

i)   Roadways, parking areas, driveways and trails must meet the following standards:

   1)   Where feasible, all roadways, parking areas, driveway areas, trails and any retaining wall if it is structurally integral to the construction of these items must meet the setback requirements established for principal structures. If no feasible placement alternative exists, they must be designed to minimize adverse impacts to the public water and must not be constructed in the shore or bluff impact zones except as allowed under subdivision 5 of this section.

   2)   Roadways and drives may cross a public water. Footings for bridges may be allowed in the shore or bluff impact zone if they are designed to minimize adverse impacts to the public water.

   3)   Vehicles may not be parked in shore or bluff impact zones.

   4)   Vegetation must be used to screen parking areas when viewed from the water.

j)   Stairways, lifts, and landings must meet the following standards:

   1)   Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas.

   2)   Stairways and lifts must not exceed six feet in width on residential lots. Wider stairways may be used for commercial properties and public open space recreational properties if approved as part of the site plan.

   3)   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 and public open space recreational properties if approved as part of the site plan.

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

   5)   Stairways, lifts and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion.

   6)   Facilities such as ramps or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards in items 2) through 5) are met.

k)   Controlled access lots except those that existed prior to March 24, 2008, must meet the following standards:

   1)   Lots intended as controlled accesses to public waters for use by owners of non-riparian lots are permissible if they meet or exceed all of the standards below.

   2)   They must meet the width and size requirements for single family residential lots and be suitable for the intended uses of controlled access lots.

   3)   They must be jointly owned by all purchasers of lots in one subdivision or by all purchasers of non-riparian lots in one subdivision who are provided riparian access rights on the access lot.

   4)   The maximum number of watercraft docking or mooring at any controlled access lot is limited to six unless the width of the lot (keeping the same lot depth) is increased by one third of the required riparian frontage for every additional dock or moored watercraft.

   5)   Covenants or other legal instruments must be executed, specifying which owners have authority to use the access lot and what activities are allowed. These activities cannot significantly conflict with general public use of the public water.

(Amended by Ord. 2011-30, adopted December 19, 2011)

The following are exceptions to the setback and impervious surface requirements for structures:

a)   Setback requirements from the ordinary high water level do not apply to piers, permitted docks, boat lifts, and mooring structures. The location of these structures is controlled by applicable state and local regulations.

b)   There is no setback from the ordinary high water level or from top of bluff for overhead utility poles and lines that are less than two feet in diameter, underground utility lines and distribution equipment, fences, light poles, traffic signals, traffic regulatory signs, mailboxes, and other equipment that is associated with an essential public service.

c)   There is no setback from the OHWL or from top of bluff for stairways and landings no wider than 6 feet on residential lots and for stairways and landings on commercial properties or public open space recreational properties if approved as part of a site plan.

d)   Shoreland R-1 lots of record existing as of February 12, 1966 may maintain the following reduced setbacks from the OHWL under the following conditions but must comply with all other setbacks:

   1)    The setback for the principal structure and accessory structures including tennis courts, sport courts, swimming pools (including the apron of the pool), walls, retaining walls (unless permitted due to existing conditions of erosion) and any fence that obstructs lake views such as picket or privacy fence, may be determined by a line drawn from the closest shoreward corners of the two immediately adjacent principal structures, as long as there is a minimum setback of 35 feet for principal structures and accessory structures.

   2)    The setback for an unenclosed or uncovered attached deck or patio may be determined by a line drawn from the closest shoreward corners of the two immediately adjacent principal structures or any attached deck or patio to that principal structure, as long as there is a minimum setback of 25 feet.

If one of the adjacent lots is vacant, the closest shoreward corner of the principal structure on the nearest developed lot past the vacant lot will be substituted for the vacant lot.

e)   In order to qualify for one of the above setback exceptions, the applicant must provide documentation acceptable to the city to verify adjacent and average setbacks.

(Amended by Ord. No. 2019-06, adopted March 18, 2019)

The applicant for a planned unit development (PUD) that is wholly or partially in the shoreland district must meet the following requirements in addition to the requirements of section 300.22:

a)   If the property is already fully developed under its current zoning status but is being redeveloped, the project must:

   1)   preserve the natural features on the site and comply with the city's ordinances and standards designed to protect the natural environment, including regulation pertaining to steep slopes, trees, wetlands, and floodplains; and

   2)   provide open space that is at least twenty percent of the total project area. Open space is defined as land in its undeveloped state except that passive recreational uses such as trails or picnic areas may be included in the open space calculation;

b)   If a property is undeveloped or could be further subdivided under its current zoning status, then 50 percent of the natural area must be preserved as designated by the city. This area must be protected by a conservation easement or restrictive covenants;

c)   In the case of either (a) or (b), impervious cover within the PUD cannot exceed 40 percent. All impervious cover must also comply with this section.

The removal of natural vegetation within shore and bluff impact zones must be restricted to prevent erosion into public waters and to preserve soil nutrients, habitat, and shoreland aesthetics. Removal of natural vegetation, grading and filling in the shoreland district is subject to the following provisions:

a)   intensive clearing, as defined in this ordinance, of natural vegetation within shore and bluff impact zones is prohibited;

b)   in shore and bluff impact zones, 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 structure, to control noxious or invasive vegetation, or to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water - oriented facilities, provided that:

   1)   structures, vehicles, or other facilities are screened as viewed from the water, assuming summer, leaf-on conditions.

   2)   existing shading of water surfaces is preserved along tributary creeks; and

   3)   natural vegetation must be restored during and after all construction projects to retard surface runoff and soil erosion.

The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.

c)   any grading, filling or excavation in the shoreland district which will change or diminish the course, current or cross-section of a public water must be approved by the Minnesota Department of Natural Resources.

(Amended by Ord. No. 2019-16, adopted July 22, 2019)

The city must notify and supply the Minnesota Department of Natural Resources with plans and information as follows:

a)   notices of public hearings for all variances, and conditional use permits in shoreland districts must be submitted at least 10 days prior to such hearings;

b)   a copy of the final decision regarding variances or conditional use permits must be submitted within 10 days after a decision has been made;

c)   all preliminary plats within the shoreland district must be submitted at least 10 days before the meeting;

d)   all approved final plats must be submitted within 10 days after a decision has been made; and

e)   when a variance, CUP or preliminary plat in the shoreland district is approved after the department of natural resources has formally recommended denial in the hearing record, the notification to the department of natural resources of the approval must also include the findings of the planning commission or city council which supported the approval.

(Amended by Ord. No. 2012-07, adopted June 25, 2012; Amended by Ord. No. 2008-08, adopted March 24, 2008; Amended by Ord. No. 2004-27, adopted August 23, 2004; Amended by Ord. No. 2004-26, adopted August 23, 2004)