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Backiround The current set of shoreland regulations was updated in early 2002 as part of the re -codification of the overall City Code and to address certain requirements in the Minnesota Department of Natural Resources (DNR) shoreland regulations. While that ordinance update did address some of the technical requirements set by the DNR, there were a number of holes and unaddressed issues remaining after that update. Concurrently, Staff has been faced with a number of . questions and concerns expressed by local property owners that are not explicitly addressed In the existing ordinance. These scenarios have introduced the need for greater clarification to the City's shoreland ordinance so that it may be able to promptly address common issues and concerns as they pertain to public waters and wetlands. The DNR has started an update process to the statewide shoreland regulations, which is the foundation for shoreland regulations in virtually all cities. Based on conversations with the DNR., any draft rules would not be available until at least April 2009 and that final updates could still be a number of years away pending state approval. In the interim, the DNR recommended Staff review the alternative shoreland management standards that were published in December 2005, though those standards are more suited to undeveloped areas. While future changes to the statewide regulations may impact the City's ordinance, Staff recommends moving forward with our update process so that local needs can be addressed. Identified Issues As part of this update project, Staff has identified a number of open issues and concerns. While some of these concerns can be addressed with existing DNR regulations and guidelines, others do not have official guidance from the DNR or are not adequately addressed by the DNR. Staff has gathered a considerable amount of research; however, additional input is needed before moving forward with drafting any ordinance changes. The below lists are not considered final, and Staff encourages additional questions and suggestions. The lists are divided into two parts, those issues that have guidance from the DNR and those without official guidance or additional guidance is needed. Staff has included preliminary recommendations for a number of the issues. NOTE: For those issues with DNR regulations (#1-8), please consult Attachment B for relevant excerpts from the DNR Example Shoreland Management Ordinance. Guided by DNR Regulations and Guidelines: 1. Grading limits • According to the City's shoreland management ordinance, an administrative variance is required for grading and filling of less than 400 cubic yards per parcel or acre of land, whichever is greater. A conditional use permit is required for grading in excess of 400 cubic yards. • The DNR has stricter standards for grading and filling on steep slopes within shore impact zones and bluff impact zones. The DNR also lists conditions that must be met City of Arden Hills Planning Commission Meeting for February 4, 2009 I UhdocsllahWHdatalPlanninglPlanning Cases 12009109-003 Shoreland Preservation Ordinance 1020409 -PC report - Shoreland Regulation Ordinance.doc Page 2 of 6