Oakdale City Zoning Code

(a)

Statutory Authorization.

(1)

The legislature of the State of Minnesota in Minnesota Statutes, Chapter 103F, Minnesota Rules Parts 6120.5000 through 6120.6200 and Minnesota Statutes Chapter 462 has delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. This division is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59-78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program.

(b)

Statement of Purpose.

(1)

The development of the flood hazard areas of the City of Oakdale could result in the potential loss of life and property, create health and safety hazards, and lead to extraordinary public expenditures for flood protection and relief. Since development of these areas is not essential to the orderly growth of the community, and since these lands are suitable for open space uses that do not require structures, fill, obstructions, or any other form of development as defined in Article 25-02 Definitions, the City Council of the City of Oakdale does ordain as follows.

(c)

Designation of the Floodplain Overlay.

(1)

The Flood Insurance Study, Washington County, Minnesota and Incorporated Areas and Flood Insurance Rate Map Panels therein numbered 27163C0329E, 27163C0240E, 27163C0330E, & 27163C0335E all dated February 3, 2010 and prepared by the Federal Emergency Management Agency, are hereby adopted by reference and declared to be part of this division. These materials shall be on file in the office of the City Clerk. The Floodplain Management Overlay District for the City of Oakdale shall include those 100-year flood areas designated as Zone AE & Zone A on the aforementioned maps.

(d)

Warning of Disclaimer of Liability.

(1)

This division does not imply that areas outside the Floodplain Management Overlay District or land uses permitted within such districts will be free from flooding or damages. This division shall not create liability on the part of the City of Oakdale or any officer or employee thereof for any flood damages that result from reliance on this division or any administrative decision lawfully made there under.

(e)

Severability.

(1)

If any section, clause, provision, or portion of this division is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this division shall not be affected thereby.

(Ord. No. 948, § 2, 7-8-25)

(a)

The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the Floodplain Management Overlay District without a permit to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill, obstructions, excavations, drilling operations, storage of materials or equipment or any other form of development as defined in Article 25-02 Definitions.

(1)

Agricultural uses such as general farming, pasture, grazing, forestry, sod farming, and wild crop harvesting.

(2)

Industrial-commercial uses such as parking areas and airport landing strips.

(3)

Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails.

(4)

Residential uses such as lawns, gardens, parking areas, and play areas.

(b)

All other uses and all uses that require structures, fill, obstructions, excavations, drilling operations, storage of material or equipment or any other form of development as defined in Article 25-02 Definitions shall be prohibited.

(a)

Development Approvals. No person shall erect, construct, enlarge, alter, repair, improve, move, or demolish any building or structure. No mining, dredging, filling, grading, paving, excavation, obstruction, drilling operation or other form of development as defined in Article 25-02 Definitions shall be allowed. These activities are currently not allowed within the Floodplain Management Overlay District and would only be allowed if this division is amended to allow such activities in the future with appropriate specified flood protection performance standards and the issuance of development permits.

(b)

Interpretation of District Boundaries. Where interpretation is needed as to the exact location of the boundaries of the Floodplain Management Overlay District as shown on the Flood Insurance Rate Map panels adopted in Section 25-08-101 General Provisions, as for example where there is a conflict between a mapped boundary and actual field conditions, the City Engineer shall make the necessary interpretation based on the 100-year flood elevation, if available, or by using other available technical data.

(c)

Variances. The City shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten (10) days' notice of the hearing. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. No variance shall have the effect of allowing any use prohibited in the Floodplain District. The City shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:

(1)

Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

(2)

Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(3)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(d)

Amendments. All amendments to this division must be submitted to and approved by the Commissioner of Natural Resources prior to adoption.

(e)

Annexations. The Flood Insurance Rate Map panels adopted by reference into Section 25-08-101 General Provisions include floodplain areas that lie outside of the corporate boundaries of the City of Oakdale on the date of adoption of this division. If any of these floodplain land areas are annexed into the City of Oakdale after the date of adoption of this division, the newly annexed floodplain lands shall be subject to the provisions of this division immediately upon the date of annexation into the City of Oakdale.

(Ord. No. 948, § 2, 7-8-25)

(a)

Policy. 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 by the City of Oakdale.

(b)

Statutory Authorization. These shoreland regulations are adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F, Minnesota Rules, Parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462.

(c)

Jurisdiction. The provisions of this division apply to the shorelands of the public water bodies as classified in Table 08-1 Public Water Bodies of this division. 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.

(d)

Compliance. The City of Oakdale 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 constitutes a misdemeanor and is punishable as defined by law. Violations of this division can occur regardless of whether or not a permit is required for a regulated activity listed in this division.

(e)

District Application. The shoreland overlay district shall be superimposed (overlaid) upon all the zoning districts identified in this Ordinance as existing or amended by the text and map of this division. The regulations and requirements imposed by the shoreland overlay district shall be in addition to those established by the based zoning district that jointly apply. Under application of the districts, the more restrictive requirements shall apply.

(f)

Exemption. A structure or use that was lawful before adoption of this division, but that is not in conformity with the provisions of the shoreland overlay district, may be continued subject to Section 25-08-202 Dimensional Standards and Division 25-04-300 Nonconformities.

(g)

Shoreland Classification System and Land Uses.

(1)

Purpose. To ensure that shoreland development on the public waters of the City of Oakdale is regulated consistent with the classifications assigned by the commissioner under Minnesota Rules, part 6120.3300.

(2)

The shoreland area for the waterbodies listed below are shown on the Official Zoning Map. The following public water bodies have been given classification and are regulated as such under State Law, as amended by the DNR.

Table 08-1. Public Water Bodies

^* Datum: NAVD 88

^** Estimated OHWL

(Ord. No. 948, § 2, 7-8-25)

(a)

Lot area and width standards shall be regulated per the underlying zoning district of the property.

(b)

Riparian lots must maintain a minimum lot area no less than twenty thousand (20,000) square feet. Excepting the Tanners Lake Redevelopment District, any riparian residential development or redevelopment of more than four (4) units with dwelling unit densities exceeding twenty thousand (20,000) square feet in size may be allowed under the following conditions.

(1)

Preservation of the shore impact zone in its natural or existing state, for a minimum of eighty percent (80%). Where the existing or natural state has been cleared or lacks woody deep-rooted vegetation, the shore impact zone shall be restored.

(2)

Protections shall be preserved in perpetuity and maintained by use of deed restrictions, covenants, permanent easements, public dedications, or other equally effective permanent instruments.

(3)

No more than four (4) mooring spaces on one (1) centralized mooring facility.

(c)

The use of all properties within the shoreland area shall be regulated per the underlying zoning district.

(d)

Height of structures and other facilities on lots shall be regulated per the underlying zoning district of the property.

(e)

Except as provided in Section 25-08-203 Tanners Lake Redevelopment District, impervious surface coverage of lots shall not exceed the maximum coverage allowed in the underlying zoning district. Permeable pavement shall be considered impervious surface for the purpose of lot coverage.

(f)

Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining structure setbacks from the ordinary high-water level, provided the proposed structure is not located in a shore impact zone. The setback shall be determined by the average setback of structures on the two (2) immediately adjoining lots.

(g)

Lowest Floor Elevation.

(1)

Determining elevations. Structures must be placed at an elevation consistent with the applicable floodplain regulatory elevations. Where these elevations are not known, the lowest floor, including basement, must be placed or flood-proofed at an elevation determined using the following methodology:

(A)

For lakes, by placing the lowest floor at a level at least three (3) feet above the highest known water level, or three (3) feet above the ordinary high-water level, whichever is higher (see Figure 08-1).

(2)

Methods for placement.

(A)

In addition to the lowest floor, all service utilities must be elevated or water-tight to the elevation determined in provision (1) above.

(B)

If elevation methods involving fill would result in filling in the shore impact zone, then structures must instead be elevated through floodproofing methods in accordance with provision (C) below.

(C)

If the structure is floodproofed, then it must be built to resist hydrostatic pressure through elevation methods such as blocks, pilings, filled stem walls, elevated concrete pad, internally flooded enclosed areas, or through other accepted engineering practices consistent with FEMA technical bulletins 1, 2 and 3.

(3)

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.

(h)

Ordinary High-Water Level Setbacks.

(1)

Along with the setback requirements in the underlying zoning district, the following setback requirements from the ordinary high-water level shall apply to all principal and accessory uses.

08-2. Ordinary High-Water Level Setbacks

^* excludes the Tanners Lake Redevelopment District site described in Section 25-08-203.

(2)

Legal non-conforming principal structures that encroach into the ordinary high-water level setbacks may be continued in accordance with Division 25-04-300 Nonconformities and lateral or vertical expansion may be permitted without a variance.

(i)

Exceptions.

(1)

The following types of structures are exempt from the ordinary high-water level setbacks indicated in Table 08-2, but are required to follow the standards contained in Section 25-08-204 Development and Performance Standards:

(A)

Stairways, stairway landings, and pedestrian lifts;

(B)

Watercraft lifts, landing facilities, and docks;

(C)

Fences, retaining walls, and ancillary recreational uses;

(D)

Public park, beach, and marina facilities and other public improvements;

(E)

Water-oriented accessory structures.

(Ord. No. 948, § 2, 7-8-25)

(a)

Intent. To allow lesser setbacks from the ordinary high-water level to accommodate redevelopment and to enable public access to the lake where development has occurred. It is also intended to ensure greater setbacks where fewer disturbances have occurred and to allow vegetative restoration along the shoreline.

(b)

The Tanners Lake Redevelopment District consists of the following legally described properties.

(1)

Lots 10, 11, 12, 13, 14, and 15, Block 10, Lake Park Addition, according to the recorded plat thereof, Washington County, Minnesota, together with that part of the vacated alleys that accrued thereto by reason of the vacation thereof.

(2)

Lots 21, 22, 23, and 24, Block 10, Lake Park Addition, according to the recorded plat thereof, Washington County, Minnesota, excluding therefrom the West one-half (W ½) of the adjoining vacated alley.

(3)

The North 1/3 of Lot 16 and all of Lots 17, 18, 19 and 20, Block 10, Lake Park Addition, according to the recorded plat thereof, Washington County, Minnesota.

(4)

Lots 1 through 9, and the South ½ of Lot 16, Block 10, Lake Park Addition, together with vacated alley accrued thereto by reason of the vacation thereof, and together with that portion of vacated alley which accrued to the North ½ of Lot 16, and Lots 17 through 24, Block 10, Lake Park Addition, by reason of the vacation thereof.

(5)

Lots 1 and 2, Block 2, Tanner's Lake, Washington County, Minnesota. Together with that part of the adjacent vacated street that accrued thereto by reason of the vacation thereof.

(6)

Lots 3, 4, 6 and 7, Block 2, Tanner's Lake, Washington County, Minnesota.

(7)

Lot 5, Block 2, Tanner's Lake, Washington County, Minnesota.

(c)

Ordinary high-water level setbacks for the Tanners Lake Redevelopment District shall be a minimum of 30 (thirty) feet with an additional allowance for setback averaging as permitted in accordance with Section 25-08-202 Dimensional Standards, provided that the setback is no less than twenty-five (25) feet.

(d)

No more than eighty percent (80%) of the lot, parcel, or tract of land shall be covered by structures or impervious surface in the Tanners Lake Redevelopment District. Permeable pavement shall be considered impervious surface for the purpose of lot coverage.

(e)

Vegetative restoration of the shoreline shall be conducted where practicable and must include woody deep-rooted vegetation.

(f)

The following uses are prohibited in the Tanners Lake Redevelopment District:

(1)

Beaches.

(2)

Private residential use mooring spaces.

(Ord. No. 948, § 2, 7-8-25)

(a)

Placement and Design of Roads, Driveways, and Parking Areas. These facilities must be designed to take advantage of natural vegetation and topography to achieve maximum screening as viewed from public waters. They must be constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local Soil and Water Conservation Districts and comply with the following standards:

(1)

Roads, driveways, and parking areas must meet structure setbacks and must not be placed within 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;

(2)

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;

(3)

Private watercraft access ramps, approach roads, and access-related parking areas are prohibited.

(4)

Private facilities must comply with the grading and filling requirements listed in provision (g) below; and

(5)

For public roads, driveways and parking areas, documentation must be provided by a qualified individual that they 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.

(b)

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, lifts, and landings must meet the following design requirements:

(1)

Stairways and lifts must not exceed four (4) feet in width on residential lots. Wider stairways may be used for commercial properties, public recreational uses, and planned unit developments;

(2)

Landings for stairways and lifts on residential lots must not exceed thirty-two (32) square feet in area. Landings larger than thirty-two (32) square feet may be used for commercial properties, public-space recreational uses, and planned unit developments;

(3)

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

(4)

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;

(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; and

(6)

Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, if they are consistent with the dimensional and performance standards of this section and the requirements of Minnesota Rules, Chapter 1341.

(c)

Water-oriented Accessory Structures or Facilities. Each lot may have one (1) water-oriented accessory structure or facility if it complies with the following provisions:

(1)

The structure or facility must not exceed ten (10) feet in height for single family residential lots, exclusive of safety rails, and cannot occupy an area greater than two hundred fifty (250) square feet. The structure or facility may include detached decks not exceeding eight (8) feet above grade at any point or at-grade patios;

(2)

The setback of the structure or facility from the ordinary high-water level must be at least ten (10) feet;

(3)

The structure is not a boathouse or boat storage structure as defined under Minnesota Statutes, Section 103G.245;

(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 be used as an open-air deck with safety rails, but must not be enclosed with a roof or sidewalls 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;

(7)

As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for storage of watercraft and boating-related equipment may occupy an area up to four hundred (400) square feet provided the maximum width of the structure is twenty (20) feet as measured parallel to the shoreline; and

(8)

Water-oriented accessory structures may have the lowest floor placed lower than the elevation specified in Section 25-08-202 Dimensional Standards if the structure is designed to accommodate internal flooding, 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.

(d)

Fences. Fences between principal structures and the waterbody are allowed if fences are:

(1)

Not higher than six (6) feet.

(2)

Not located within the shore impact zone.

(3)

Not located in the regulatory floodplain.

(e)

Lighting. Within the ordinary high-water level setback:

(1)

Lighting shall be fully shielded and directed away from the water.

(2)

Up lighting viewable from the water is prohibited.

(f)

Vegetation and land alteration.

(1)

Limited clearing and trimming of trees and shrubs in the shore impact zones and on steep slopes, is allowed to provide a view to the water from the principal dwelling and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:

(A)

Vegetation be maintained to the screening of structures, vehicles, or other facilities by at least fifty percent (50%) as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. The maximum view corridor shall be less than fifty (50) feet or one-third (⅓) of the parcel width, whichever is less;

(B)

Cutting debris or slash shall be scattered and not mounded on the ground; and

(C)

Perennial ground cover is retained.

(g)

Grading and filling.

(1)

Grading and filling activities must comply with the provisions of this subsection except for the construction of public roads and parking areas if consistent with subsection (a) above.

(2)

Permit Requirements.

(A)

Grading, filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways, if part of an approved permit, do not require a separate grading and filling permit. However, the standards of this ordinance must be incorporated into the permit.

(B)

For all other work, including driveways not part of another permit, a grading and filling permit is required for:

(i)

The movement of more than 10 (ten) cubic yards of material on steep slopes or within shore impact zones; and

(ii)

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

(iii)

Placement of retaining walls, including boulder walls within the shore impact zone provided that:

a.

If the project includes work at or below the ordinary high-water level, the developer shall obtain a permit through the DNR;

b.

The structures are used only to correct a documented existing erosion problem and not for aesthetic reasons;

c.

The height and length are the minimum necessary to control the erosion problem and are not higher than four (4) feet or longer than ten (10) feet, unless the zoning administrator determines that a larger wall is necessary to correct the erosion problem; and

d.

Walls are screened by vegetation to not be visible from the waterbody.

(iv)

Placement of natural rock rip rap, including associated grading of the shoreline and placement of a filter blanket is permitted if:

a.

If the project includes work at or below the ordinary high-water level, the commissioner has already approved or permitted the project;

b.

the finished slope does not exceed three (3) feet horizontal to one-foot vertical;

c.

The landward extent of the riprap is within ten (10) feet of the ordinary high-water level; and

d.

The height of the riprap above the ordinary high-water level does not exceed three (3) feet.

e.

A vegetative buffer, consisting of deep rooted and woody vegetation, is to be established at a distance no less than fifteen (15) feet from the landward extent of the riprap.

(3)

Grading, filling and excavation activities must meet the following standards:

(A)

Grading or filling of any wetland must meet or exceed the wetland protection standards under Minnesota Rules, Chapter 8420 and any other permits, reviews, or approvals by other local state, or federal agencies such as watershed districts, the DNR or US Army Corps of Engineers;

(B)

Land alterations must be designed and implemented to minimize the amount of erosion and sediment from entering surface waters during and after construction consistently by:

(i)

Limiting the amount and time of bare ground exposure;

(ii)

Using temporary ground covers such as mulches or similar materials;

(iii)

Establishing permanent, deep-rooted and dense vegetation cover as soon as possible;

(iv)

Using sediment traps, vegetated buffer strips or other appropriate techniques;

(v)

Stabilizing altered areas to acceptable erosion control standards consistent with the field office technical guides of the soil and water conservation district;

(vi)

Not placing fill or excavated material in a manner that creates unstable slopes. 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 thirty percent (30%) or greater;

(vii)

Any alterations below the ordinary high-water level of public waters must first be authorized by the commissioner under Minnesota Statutes, Section 103G; and

(viii)

Alterations of topography are only allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties

(C)

Connections to public waters. Excavations to connect boat slips, canals, lagoons, and harbors to public waters require a public waters permit and must comply with Minnesota Rules, Chapter 6115.

(h)

Stormwater management.

(1)

General Standards:

(A)

When possible, existing natural drainageways, 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 as soon as possible and appropriate facilities or methods used to retain sediment on the site.

(C)

When development density, topography, soils, and vegetation are not sufficient to adequately handle stormwater runoff, constructed facilities such as settling basins, skimming devices, dikes, waterways, ponds and infiltration may be used. Preference must be given to surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities.

(2)

Specific Standards:

(A)

Except as provided in Section 25-08-203 Tanners Lake Redevelopment District, impervious surfaces of lots shall not exceed the standard of the underlying zoning district.

(B)

When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district or the Minnesota Stormwater Manual, as applicable.

(C)

New constructed stormwater outfalls to public waters must be consistent with Minnesota Rules, part 6115.0231.

(i)

Sanitary provisions.

(1)

All lots within the shoreland district shall be connected to the public water and sanitary sewer systems and old sewer and water systems shall be abandoned in conformance with State law and City ordinance.

(Ord. No. 948, § 2, 7-8-25)

(a)

Permits Required.

(1)

When a building permit is required for any activity regulated herein, no additional shore land alteration permit shall be required. However, the standards for the activity as contained herein shall be applied to the issuance of that permit.

(2)

A shoreland alteration permit shall be required for all construction and development activity regulated within this division including for:

(3)

All grading, filling and excavation activity as regulated within Section 25-08-204 Development and Performance Standards.

(4)

All shoreland vegetation alteration activity regulated under Section 25-08-204 Development and Performance Standards.

(b)

DNR Review Notification Process.

(1)

Notification shall be provided to the DNR Area Hydrologist at least ten (10) days prior to a public hearing to consider variances, conditional use permits, planned unit developments, minor subdivisions, and plats within the shoreland area or amendments to the shoreland standards.

(2)

Notification shall occur ten (10) days after a final decision on all variances, conditional use permits, planned developments, minor subdivisions, and plats.

(Ord. No. 948, § 2, 7-8-25)