1.

Authorization. This subchapter is adopted pursuant to the authorization and policies contained in Minn. Stat. chapter 103, Minn. Rules, Parts 6120.2500 through 6120.3900 and the planning and zoning enabling legislation in Minn. Stat. chapter 462.

2.

Policy. The uncontrolled use of shorelands of the city 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 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 recognized by the city.

1.

Jurisdiction. The provisions of this section shall apply to the shorelands of the public water bodies as classified in section 152.113. pursuant to Minn. Rules, Parts 6120.2500 through 6120.3900, no lake, pond, or flowage less than ten acres in size need be regulated in the city'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 section.

2.

Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type, and location of structures on lots; the installation and maintenance of water supply and waste treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this section and other applicable regulations.

(Ord. No. 81, 3 ^rd Series 10-6-15)

1.

Permits required.

a.

A permit is required for the installation and/or alteration of sewage treatment systems and those grading and filling activities not exempted by section 152.114. Application for a permit shall be made to the building official on the forms provided. The application shall include the necessary information so that building official can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided.

b.

A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system shall be reconstructed or replaced in accordance with state regulations.

2.

Certificate of zoning compliance. The zoning administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in division (1) of this section. This certificate will specify that the use of land conforms to the requirements of this section. Any use, arrangement or construction at variance with that authorized by permit shall be deemed a violation of this section and shall be punishable as provided in section 152.998.

3.

Notifications to the department of natural resources.

a.

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

b.

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

c.

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 subsection (3)(b), shall also include the board of adjustments and appeals summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.

1.

Shoreland classification system. The public waters of the city have been classified below consistent with the criteria found in Minn. Rules, Part 6120.3300 and the protected waters inventory map for Pennington County, Minnesota.

a.

Shoreland area. The shoreland area for the waterbodies listed in subsection (1)(b) shall be as defined in this Code.

b.

Rivers and streams.

i.

Urban rivers. The Thief River and the Red Lake River within the following described limits are classified as urban rivers:

A.

Legal description of the Red Lake River: beginning at the east line of Section 35, Township 154 North, Range 43 West and ending at the south line of Section 4, Township 153 North, Range 43 West; and,

B.

Legal description of the Thief River: beginning at the north line of the southwest quarter of Section 27, Township 154 North, Range 43 West and ending at its intersection and confluence with the Red Lake River in the south one-half of Section 27.

ii.

Tributary streams. All protected watercourses in the city shown on the protected waters inventory map for Pennington County, a copy of which is adopted by reference, not given a classification in subsection (i), shall be considered " Tributary".

2.

Land use district descriptions. The land use districts within shoreland and the delineation of a land use district's boundaries on the zoning districts map shall be consistent with the goals, policies, and objectives of the comprehensive plan and the following criteria, considerations, and objectives:

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.

Street 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; and,

k.

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

1.

Lot area and width standards. The lot area and lot width standards for residential, commercial, and industrial lots created after the date of enactment of this subchapter for the rivers and tributary streams classifications are as indicated in the yard requirements for each zoning district.

2.

Placement, design, and height of structures.

a.

Placement of structures on lots. Where adjacent structures have shoreland setbacks different from those required, the minimum shoreland setback shall be the average of the adjacent structures. If there is one adjacent structure, the minimum shoreland setback shall be the average of the adjacent structure and the required setback. In no case shall the shoreland setback be less than 30 feet.

i.

Accessory structure. One water-oriented accessory structure designed in accordance with subsection (2)(b)(i) may be set back a minimum distance of ten feet from the ordinary high water level.

ii.

Structure setback; bluff. Structures shall be setback a minimum of 30 feet from the top of a bluff.

iii.

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

iv.

Uses without water-oriented needs. Uses without water-oriented needs shall be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.

b.

Design criteria for structures.

i.

Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in subsection (2)(a), if this water-oriented accessory structure complies with the following provisions:

A.

The structure shall not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks shall not exceed eight feet above grade at any point;

B.

The setback of the structure from the ordinary high water level shall be at least ten feet;

C.

The structure shall 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;

D.

The roof may be used as a deck with safety rails but shall not be enclosed or used as a storage area;

E.

The structure shall not be designed or used for human habitation and shall not contain water supply or sewage treatment systems; and,

F.

As an alternative for water-oriented accessory structures used solely for water craft storage and including storage of related boating and water-oriented sporting equipment may occupy an area up to 400 square feet, provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.

ii.

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 shall meet the following design requirements:

A.

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

B.

Landings for stairways and lifts on residential lots shall 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;

C.

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

D.

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;

E.

Stairways, lifts, and landings shall 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

F.

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 subsections (ii)A. through (ii)E. are complied with in addition to the requirements of Minn. Rules, chapter 1341.

iii.

Decks within shoreland. Deck additions to a structure, which structure does not meet the required setback from the ordinary high-water level, may be allowed without a variance if all of the following standards are met:

A.

The structure met the requirements of the official controls when established;

B.

A thorough evaluation of the lot and structure reveals no reasonable location for a deck meeting or exceeding the existing shoreland setbacks for the structure;

C.

The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback for the structure from the ordinary high water level or does not encroach closer than 30 feet to the ordinary high water level, whichever is more restrictive; and

D.

The deck is constructed primarily of wood and is not roofed or screened.

iv.

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.

v.

Steep slopes. The zoning administrator shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, streets, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions shall be attached to issued permits to prevent erosion and to preserve existing vegetative screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.

3.

Shoreland alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.

a.

Vegetation alterations.

i.

Alteration of vegetation necessary for the construction of streets and parking areas regulated by division (4) of this section and for the construction of structures and sewage treatment systems are exempt from the vegetation alterations standards of subsection (3)(a)(ii).

ii.

Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in subsections (6)(b) and (c), is allowed subject to the following standards:

A.

Intensive clearing of vegetation within the shore and bluff impact zones and on steep slopes is not allowed. Intensive clearing of vegetation 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; and,

B.

In shore and bluff impact zones and on steep slopes, 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, landings, picnic areas, access paths, livestock watering areas, beach areas, and watercraft access areas, and permitted water-oriented accessory structures, provided that:

(1)

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

(2)

Existing shading of water surfaces is preserved along rivers; and,

(3)

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

b.

Topographic alterations: grading and filling.

i.

Grading, 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 the issuance of a separate grading and filling permit. However, the grading and filling standards in this section shall be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.

ii.

Public streets and parking areas are regulated by division (4) of this section.

iii.

Notwithstanding subsections (i) and (ii) above, a grading and filling permit will be required for:

A.

The movement of more than ten cubic yards of material on steep slopes or within shore or bluff impact zones; and,

B.

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

iv.

The following considerations and conditions shall be adhered to during the issuance of building permits, grading permits, filling permits, conditional use permits, variances, and subdivision approvals:

A.

Grading or filling in any wetland shall be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetlands:

(1)

Trapping and retention of sediment and pollutants;

(2)

Storage of surface runoff to prevent or reduce flood damage;

(3)

Fish and wildlife habitat;

(4)

Recreational use;

(5)

Shoreline and bank stabilization; and

(6)

Historic significance and critical habitat.

B.

Alterations shall be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible;

C.

Mulches or similar materials shall be used, where necessary, for temporary bare soil coverage and a permanent vegetative cover shall be established as soon as possible;

D.

Methods to minimize soil erosion and to trap sediments before they reach any surface water feature shall be used;

E.

Altered areas shall be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation district and the United States soil conservation service;

F.

Fill or excavated material shall not be placed in a manner that creates an unstable slope;

G.

Plans to place fill or excavate material on steep slopes shall be reviewed at applicant's cost by qualified professionals for continued slope stability and shall not create finished slopes of 30 percent or greater;

H.

Fill or excavated material shall not be placed in bluff impact zones;

I.

Any alterations below the ordinary high water level of public waters shall first be authorized by the commissioner under Minn. Stat. §§ 103G.245 and 103G.405;

J.

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

K.

Placement of riprap and placement of a filter blanket, including associated grading of the shoreline, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level and the height of the riprap above the ordinary high water level does not exceed three feet.

v.

Permission for excavations, such as boat slips, canals, lagoons, and harbors, where the intended purpose is connection to a public water, may be given only after the commissioner has approved the proposed connection to public waters.

4.

Placement and design of streets, driveways, parking areas, and essential services.

a.

Public and private streets, parking areas, and essential services shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation shall be provided by a qualified individual that all streets, parking areas, and essential services 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.

b.

Streets, driveways, and parking areas shall meet structure setbacks and shall 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 shall be designed to minimize adverse impacts.

c.

Public and private watercraft access ramps, approach streets, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this division (4) are met. For private facilities, the grading and filling provisions of division (3) of this section shall be met.

5.

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

a.

General standards.

i.

When possible, existing natural drainageways, wetlands, and vegetated soil surfaces shall be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.

ii.

Development shall 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 shall be stabilized and protected as soon as possible and facilities or methods must be used to retain sediment on the site.

iii.

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 shall be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes, manmade materials, and facilities.

b.

Specific standards.

i.

Impervious surface coverage of lots may not exceed 75 percent of the lot area without a conditional use permit. Criteria for granting impervious surface coverage conditional use permits shall include consideration of the following:

A.

No other reasonable alternatives exist;

B.

Surface drainage can be reasonably filtered; and,

C.

Rate of run off resulting from normal rainfall can be controlled to prevent erosion.

ii.

When constructed facilities are used for stormwater management, they must be designed and installed consistent with the field office technical guide of the local soil and water conservation district.

iii.

New constructed stormwater outfalls to public waters shall provide for filtering or settling of suspended solids and skimming of surface debris before discharge.

6.

Special provisions for agricultural, park and recreation, commercial, and industrial districts.

a.

Standards for agricultural, park and recreation, commercial, and industrial districts.

i.

Agricultural, park and recreation, commercial, and industrial uses with needs to have access to and use of public waters shall meet the following standards:

A.

The uses shall be designed to incorporate topographic and vegetative screening of parking areas and structures;

B.

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

C.

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:

(1)

No business signs or supporting facilities for signs may be placed in or upon pubic 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;

(2)

Signs may be placed, when necessary, within the shore impact zone if they are in accordance with section 152.085 et seq. They shall only convey the location and name of the establishment and the general types of goods or services available. The signs shall not contain other detailed information such as product brands and prices, shall not be located higher than ten feet above the ground and shall not exceed 30 square feet in size. If illuminated by artificial lights, the lights shall be shielded or directed to prevent illumination out across public waters; and,

(3)

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.

ii.

Uses without water-oriented needs shall be set back in accordance with the applicable yard requirements for the zoning district in which the use is located. The uses shall be screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions, in a manner acceptable to the city forester and zoning administrator.

b.

Agriculture use standards.

i.

General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes or shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan consistent with the field office technical guides of the local soil and water conservation district or the United States soil conservation service. The shore impact zone for parcels with permitted or conditional agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.

ii.

Feedlots shall not be located in the shoreland, in watercourses, or in bluff impact zones and shall meet a minimum setback of 300 feet from the ordinary high water level of all public waters basins.

c.

Forest management standards. The harvesting of timber and associated reforestation shall be conducted consistent with the provisions of the Minnesota nonpoint source pollution assessment forestry and the provisions of water quality in forest management "Best Management Practices in Minnesota."

d.

Extractive use standards.

i.

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

ii.

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