Laserfiche WebLink
28 Revised 10/03/2019 Ordinance Language Commentary 8.25 Fertilizer and pesticide runoff into surface waters must be minimized through use of vegetation, topography or both. 8.3 Grading and Filling. 8.31 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 Section 7.1 of this ordinance. 8.32 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 in Section 8.33 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: (1) the movement of more than 10 cubic yards of material on steep slopes or within shore or bluff impact zones; and (2) the movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones. 8.33 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: (1) Limiting the amount and time of bare ground exposure; (2) Using temporary ground covers such as mulches or similar materials; (3) Establishing permanent, deep-rooted and dense vegetation cover as soon as possible; (4) Using sediment traps, vegetated buffer strips or other appropriate techniques; (5) Stabilizing altered areas to acceptable erosion control standards consistent with the field office technical guides of the soil and water conservation district; (6) 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 30 percent or greater; 8.3. Note that Minnesota Rules, part 4410.4300, Subp. 36a provides thresholds for mandatory EAWs for certain land conversions and alterations in shoreland. The local government is the Responsible Government Unit (RGU) unless otherwise specified. 8.32.A. The1999 model ordinance included driveways in this provision even though they are not included in rule. If ordinances include driveways in this provision they should also include the driveway language in 8.32.B. to communicate that driveways, as a stand-alone project, do need a permit if they meet the stated disturbance thresholds. 8.32.B. Optional. In addition to a cubic yard threshold for permitting, also include a square footage threshold that is comparable to the disturbance of the required 10 cubic yard threshold. Most property owners can visualize square footage area better than a cubic yard volume and will thus aid in permitting compliance. A land disturbance of 1,000 square feet (an approximate 32 X 32-foot area) in the SIZ/BIZ or on a steep slope is a significant area that could cause erosion/sedimentation into surface waters and worthy of management through a permit. A commensurate area for the 50 cubic yard threshold is 5,000 square feet. 8.32.B.(1).Optional. Consider prohibiting filling in the SIZ or if filling is allowed, require conditions of approval that, at a minimum, require vegetation restoration. 8.33.B.(3). Optional addition of deep-rooted and dense vegetation to improve soil stability.