Grading, filling, excavating, or otherwise changing the topography landward of the ordinary high-water mark shall not be conducted without a permit. Fill and grading permits are applied for through the City of Pine City - Zoning Department. Please contact the City Planner with any questions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Grading means the movement of sand, dirt, gravel, rock, clay or similar earth material within a given site.

Land excavation means the removal of sand, dirt, gravel, rock, clay or similar earth material or unsuitable foundation material from the land.

Land filling means the deposit of sand, dirt, gravel, rock, clay or similar earth material so as to raise existing surface grades.

Except as provided in section 13.74.040, it is unlawful for any person to engage in land excavation, land filling or grading within the city without first obtaining a permit as provided in this article.

A land excavation, land filling or grading permit granted by the council or the city planner is not required for any of the following activities:

1. Any land excavation, land filling, or grading for the purpose of foundation, cellar or basement of some immediately pending superstructure to be erected, built or placed thereon contemporaneously with or immediately following such excavation, removal or storage, provided that a building permit has been issued for the superstructure.
2. Land excavation, land filling or grading by the state, county or city authorities in connection with the construction, maintenance or repair of roads, highways, streets, or alleys, or the installation, repair or maintenance of storm sewer, sanitary sewer or water facilities within the right-of-way of the road, highway, street or alley, or the installation, repair or maintenance of gas or electric facilities by a public utility entity within the right-of-way of the road, highway, street or alley.
3. Curb-cuts, utility hookups, or street openings for which another permit is required from the city. Where another permit is not required or obtained, an excavation permit shall be required.
4. Land excavation, land filling or grading when all of the following conditions are met:
   1. The total amount of material does not exceed 50 cubic yards and no demolition debris is used;
   2. The material is for finished grade or finished landscaping purposes or for gardening;
   3. Existing drainage and ponding patterns are not significantly altered so as to adversely affect adjoining land; and
   4. The resultant grade and slopes at the property line are in substantial conformity to the surrounding natural topography, are set so as to minimize erosion, and provide for sufficient drainage so that both natural water and stormwater enter and leave the property at the original or natural drainage points.
5. Land excavating, land filling, or grading for agricultural purposes.
6. Land excavation, land filling or grading for any development for which a conditional use permit has been approved and granted by the city council and a final grading plan approved as a part thereof.

Application for land excavation, land filling, and grading permits shall be made in writing on forms supplied by the city and shall be submitted to the city planner for processing. The following information and exhibits shall be submitted with the completed application:

1. A map or plan of the proposed excavation or fill area and an area 50 feet around the fill area showing existing and proposed elevations at two-foot contours, and showing any existing buildings within such area;
2. The correct legal description of the premises;
3. The name and address of the applicant and owner of the land;
4. The purpose of the removal, storage, excavation or filling;
5. The estimated time required to complete the work;
6. The method and schedule for restoration and measures to control erosion and measures to control material tracking on public streets during and after the work;
7. The method of controlling dust; and
8. The hours of operation must follow the city’s noise ordinance.

The city planner is authorized to approve and issue a land excavation, land filling or grading permit when all of the following conditions exist:

1. The total amount of material exceeds 50 cubic yards but does not exceed 1,000 cubic yards;
2. The total scope of work is to be completed within one year; and
3. The applicant meets the standards and requirements set forth in this section.

All land excavation, land filling and grading permit applications that are less than 50 cubic yards do not need a permit.
All land excavation, land filling and grading permits that exceed 1,000 cubic yards or do not meet the criteria set forth in this section must be reviewed by the Planning Commission and City Council.

All permits, including renewals, shall expire on December 31 of the year in which it is issued.

A permit issued by the city planner shall only be allowed to be renewed once. City council issued permits may be renewed by the city council upon request of the applicant. All renewals will be subject to the conditions and plans of the initial application unless amendments are specifically requested by the applicant and approved by the city council.

The applicant shall pay the zoning fee that is set in the fee schedule adopted by the Council.

1. Purpose: The purpose of this section is to protect natural resources, public infrastructure, and adjacent properties by ensuring that all land excavation, filling, and grading activities within the City of Pine City are conducted in a manner that prevents soil erosion and controls sediment runoff.
2. Erosion Control Required: All permitted land excavation, filling, and grading activities shall incorporate effective erosion and sediment control practices during and after construction, including but not limited to the following:
   1. Silt fencing, straw wattles, sediment basins, or equivalent barriers shall be installed to prevent sediment migration off-site.
   2. Stabilization of disturbed soils through mulching, hydroseeding, erosion control blankets, or vegetative cover shall be implemented within seven (7) days of inactivity or final grading.
   3. Construction entrances and tracking pads shall be maintained to prevent the tracking of soil onto public roadways.
   4. Dust control measures such as water spraying or dust suppressants shall be employed to minimize airborne particulates.
   5. Stormwater runoff controls must be maintained to direct water flow in a manner that does not cause erosion, flooding, or degradation to natural drainage ways or neighboring properties.
   6. All erosion control measures must be compliant with the Minnesota Pollution Control Agency (MPCA) Construction Stormwater Permit requirements, where applicable.
3. Plan Submission Requirements: All applications for a land excavation, land filling, or grading permit as required under Section 13.74.050 shall include a detailed Erosion and Sediment Control Plan. This plan shall show:
   1. Location of all proposed erosion control measures.
   2. Temporary and permanent stabilization techniques and timelines.
   3. Stormwater management strategy and flow direction.
   4. Emergency erosion mitigation procedures in the event of significant rainfall or project delays.
4. Inspection and Enforcement
   1. The City Planner or designee shall have the authority to inspect any site to ensure compliance with the erosion and sediment control plan.
   2.  If erosion control measures are not maintained or are found to be ineffective, the City may:
      1. Require immediate corrective action;
      2. Assess civil penalties;
      3. Revoke the excavation, grading, or filling permit until compliance is achieved.
   3. Costs incurred by the City for emergency erosion control due to the failure of the permit holder to comply shall be recoverable from the permit holder.
5. Exemptions: Activities exempt from grading, excavation, or filling permits under Section 13.74.040 must still comply with erosion and sediment control standards as outlined in this section, unless specifically waived in writing by the City Planner.