HomeMy WebLinkAbout1C, Shoreland Ordinance
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MEMORANDUM
DATE:
February 17, 2009
Agen-da Item I.C
TO: Mayor and City Council
FROM: James Lehnhoff, Community Development Director
Charles Roberts, Community Development Intern
SUBJECT: Shoreland Management Ordinance Update Project
ATTACHMENTS: A - City of Arden Hills Shoreland Management Ordinance
B - Selected Excerpts from the DNR Example Shoreland Management
Ordinance
Reauested Action
1. Create a list of goals and priorities to help guide the shoreland management ordinance update
proj ect.
2. Ask questions regarding shore land management for staff to research in this process.
Goals and Priorities
In order of importance, please write down your top four goals for this shoreland management
ordinance update project. What needs to be addressed? What concerns have you heard from the
community?
1.
2.
3.
4.
City of Arden Hills
City Council Work Session for February 17, 2009
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Back2round
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, the update process is most likely to impact developing communities with undeveloped
shoreline and it could still be a number of years before anything is approved by the legislature.
The DNR has produced a set of voluntary "alternative" shoreline standards for a five county test
area in central Minnesota; however, those standards were geared toward rural communities with
undeveloped shoreline. 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 Shoreland Mana!!ement Ordinance Concerns
As part of this update project, Staffhas identified a number of open issues and questions. Some
of the issues can be addressed with the DNR model ordinance and guidelines, while other issues
do not have guidance from the DNR. As part of this process, staff has been researching
regulations in other cities, particularly for those issues not addressed by the DNR. For the most
part, the regulations vary considerably from city to city.
The list of issues and questions is divided into two parts. The first part includes those concerns
that have guidance from the DNR and sample language in the DNR model shoreland
management ordinance. The second part includes the list of issues and questions that do not
have guidance from the DNR. For tonight's meeting, we are not looking for solutions to these
concerns. Instead, we want to review the list for completeness, add additional concerns if
necessary, and gather additional questions.
For your reference, the applicable sections of the DNR model ordinance are provided for
concerns one through six.
City of Arden Hills
City Council Work Session for February 17, 2009
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Guided by DNR Regulations and Guidelines:
1. Grading limits: The City's grading limits along the shoreline are considerably more
lenient that the DNR model ordinance. The DNR's model ordinance is intended to
limit shoreland alterations to protect water quality and shoreland vegetation.
2. Measuring structure/surface setbacks:
a. Principal structures (homes): The City's principal structure shoreline setbacks
are in line with the DNR's regulations, which is a 50 foot setback on Lakes
Johanna and Josephine. However, both the City and the DNR include a
provision for increasing this setback if the adjacent properties were built at a
greater setback. This is often called a "string line" setback because it would
be like taking a string from one structure to another and making that string the
setback for any new structure in between. The purpose of the string line
setback is to protect sight lines for existing structures. While the purpose is
clear, it can be difficult to apply due to shoreland topography, curves in the
shoreland, and considerable variability in setbacks of existing structures. Staff
is reviewing how much this is an issue in Arden Hills and if the language can
be tweaked to be more effective.
b. Decks and water-oriented accessory structures: The DNR model ordinance
has some provisions for allowing accessory structures in the shore land setback
area. However, the DNR has recommended that cities do not allow structures
and impervious surfaces, except for certain stairways and walkways, within
the lake setback area. The Arden Hills ordinance is clear on its restriction for
water-oriented accessory structures; however, the ordinance is not clear on
decks, patios, and other surfaces in the shoreland area. The ordinance simply
needs to be clarified on what is permitted in the shoreland setback area.
3. Stairs, landings, and walkways: While the city does get requests to construct stairs,
walkways, and landings in the shoreland area, the City's code does not address these
uses. The DNR model ordinance includes basic design regulations that allow stairs,
landings, and walkways but limit them to protect the shoreland area.
4. Controlled access lots: A controlled access lot refers to a lake lot that is jointly
owned by non-lake lots for shared access to public waters. The City has a handful of
controlled access lots but no regulations for them. Staff is reviewing the DNR model
ordinance to see if the model ordinance would be helpful to the City. The City is
unlikely to have any new controlled access lots, and the DNR does not promote the
creation of new controlled access lots.
5. Enhanced variance review standards: The DNR model ordinance includes
additional variance review criteria that should be incorporated into the City's
regulations.
6. Subdivisions: While the City only has a handful of shoreline properties that could be
subdivided further, the City's regulations for subdividing properties on lakes could be
enhanced based on the DNR model ordinance. The regulations are not meant to stop
City of Arden Hills
City Council Work Session for February 17, 2009
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people from subdividing shoreland properties, but it will allow the City to take a
closer look at the property and consider other environmental restrictions if necessary.
The DNR model ordinance includes a number of standard definitions that could be useful in
Arden Hills but are not included in the City's existing ordinance. These definitions will be
added as needed. The DNR model ordinance also includes significantly more commercial and
residential Planned Unit Development (PUD) regulations. These regulations are not particularly
applicable to Arden Hills since the City does not have any resorts, does not have any commercial
land immediately adjacent to a lake, and large PUD residential developments would likely not fit
the character of the City's lakes.
No or Insufficient DNR Guidelines:
Points seven through 12 are either not addressed by the DNR, or the City has complied with
DNR regulations but there are still open issues. Based on our review other city ordinances, there
are not any standard methods to address most of these issues. Some of these issues are likely to
be controversial with lake property owners, particularly point seven. These issues will require
additional discussion; however, staff first wants a complete list of issues and concerns to help
guide research, ordinance preparation, and future discussions.
7. Storage along the shoreline. For all intents and purposes, the City does not regulate the
storage of non-motorized watercraft, recreational equipment, docks, boatlifts, and other
similar items along the shoreline? Are additional regulations needed? To what extent?
8. Dock setbacks. Should there be a setback from the side property line for docks? A few
cities have required docks to follow side yard setbacks for structures or only permit docks
within the center third of the property's shoreland.
9. Shoreland usage for docks.
· The City does not permit docks to make up more than 10 percent of a property's
shoreland width. Along the west side of Lake Johanna, there are a handful of lots
with less than 20 feet of shoreline, which would limit a dock to no more than two feet
in width. Docks are typically four or more feet wide, although the DNR allows docks
up to eight feet wide without a permit.
· Most cities lack any type of comparable regulation to Arden Hills. To make these
smaller lots usable, the City should consider amending the regulations to allow docks
of reasonable width on smaller lots. This could also impact storage of other
equipment along the shoreline.
1 o. Wetland setbacks. A number of cities have wetland setbacks and the Rice Creek
Watershed District encourages the adoption of such setbacks. The setbacks may be
consistent for all wetlands or vary depending on the type of wetland. Staff is pursuing
more research on this topic.
City of Arden Hills
City Council Work Session for February 17, 2009
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11. Fence setbacks. The City has received concerns about fences being constructed to or
near the shoreline. While there is no consistent regulation in other cities, a common
approach is to prohibit fences in a portion of the shoreland setback area.
12. Shoreland vegetation. The City currently conforms with DNR restrictions on selective
vegetation removal and clear-cutting in the shoreland. There have been some concerns
about these regulations in the past; however, the new tree preservation and landscaping
ordinance has worked to address some of those concerns. Except for defining and
enforcing penalties, are additional regulations necessary? All the cities we have reviewed
follow the DNR language.
During this update process (and with other ordinances) it is important to consider the following:
. What is the purpose of the regulation?
· Is the regulation necessary or applicable to Arden Hills? Is the regulation needed?
. Is the regulation clear?
. Can the regulation be reasonably enforced?
Shoreland Mana2ement Ordinance Work Plan
Updating the shoreland management ordinance is a significant proj ect. Furthermore, depending
on the changes, shoreland property owners will likely have concerns and questions. The work
plan may need adjustment depending on the type and extent of the changes. The city recognizes
the importance of providing sufficient time for public questions and input in this process.
1. Staff review of City regulations and identification of basic deficiencies, review DNR
regulations, other model ordinances - January/February 2009
2. Planning Commission/City Council work sessions to identify issues, provide guidance for
formulating new codes, and review of codes - February/Marchi April 2009
3. Prepare draft code update for informal Planning Commission review - May 2009
4. Hold a community open house for shoreland homes to discuss and provide input on the
potential changes - May 2009
5. Planning Commission and City Council review and adoption of new shoreland
management ordinance - June 2009?
The Planning Commission held a work session on February 4, 2009, to start this review process.
Attachments
A - City of Arden Hills Shoreland Management Ordinance
B - Selected Excerpts from the DNR Example Shoreland Management Ordinance
City of Arden Hills
City Council Work Session for February 17, 2009
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Attachment A
February 17, 2009
City of Arden Hills Shoreland
Management Ordinance
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City of Arden Hills Chapter 13 Zoning Code
Section 1330 - Shoreland Regulations
1330.01 General Provisions.
Subd. I Purpose and Intent. 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
interest of the public health, safety and welfare to provide for the wise development
of shorelands of public waters. The Legislature of Minnesota has delegated
responsibility to the municipalities 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, preserve the economic and natural environmental values of
shorelands, and provide for the wise utilization of waters and related land resources.
This responsibility shall hereby be recognized by the City.
Subd.2 Statutory Authorization. This Section shall be adopted pursuant to the
authorization contained in furtherance of the policies declared in Minnesota Statutes
Sections 103F and 462 and Minnesota Rules Parts 6120.2500-6120-3900.
Subd. 3 Interpretation. In their interpretation and application, the provisions of this
Section shall be held to be minimum requirements and shall be liberally construed in
favor of the City, and its City Council, and shall not be deemed a limitation or repeal
of any other powers granted by State Statutes.
Subd.4 Abrogation and Greater Restrictions. It shall not be intended by this
Section to repeal, abrogate or impair any existing easements, covenants or deed
restrictions. However, where this Section imposes greater restrictions, the provisions
of this Section shall prevail.
Subd.5 Applicability. This Section shall apply to all lands located within the
boundaries of the shoreland management districts.
1330.02 Shoreland Management Districts and Uses.
Subd. I Classification of Lakes. In order to guide the wise development and
utilization of shorelands of protected waters for the preservation of water quality,
natural characteristics, economic values and general health, safety and welfare,
certain protected waters in the City have been given a shoreland management
classification. These protected waters of the City have been classified by the
commissioner of natural resources as follows:
Section 1330 - Shoreland Regulations
Adopted: November 13,2006
Page 1 of8
City of Arden Hills Chapter 13 Zoning Code
Josephine
62-57
Johanna
62-78
Little Johanna
62-58
Karth
62-72
Sunfish
62-65
Valentine
62-71
Subd. 2 Establishment of Shoreland Management Districts; Zoning Map. The
boundaries of the shoreland management districts are hereby continued as shown on
the map entitled "Official Zoning Map of Arden Hills, Minnesota," which map shall
be properly approved and filed in the office of the City Administrator. The shoreland
management districts overlay existing zoning districts of the City also shown on the
official zoning map pursuant to this Code and the City of Arden Hills Zoning Code.
As indicated in this Section, certain portions of the shore lands in the shoreland
management districts are classified general development, recreational development,
or natural environment lakes. The map and all of the notations, references and other
information shown thereon shall have the same force and effect as if set forth in this
Section at length.
Subd. 3 Boundaries of Shoreland Management Districts. The boundaries of the
shore land management districts shall be determineq by scaling distances on the
official zoning map. Where interpretation is needed as to the exact location of the
boundaries of a shoreland management district shown on the official zoning map, for
example where there appears to be a conflict between a mapped boundary and actual
field conditions, the City Council shall make the necessary interpretation based upon
topographic elevations and other available technical data. Persons contesting the
location of the shoreland management district boundaries shall be given a reasonable
opportunity to present their case to the City Council and to submit technical evidence.
Subd.4 Permitted Uses. All permitted uses allowed and regulated by the
applicable zoning district underlying the shoreland management districts as indicated
Section 1330 - Shore land Regulations
Adopted: November 13,2006
Page 2 of8
City of Arden Hills Chapter 13 Zoning Code
on the official Zoning Map of the City shall be permitted in a shoreland management
district.
Subd.5 Conditional Uses. All conditional uses and applicable attached conditions
allowed and regulated by the applicable zoning district underlying the shoreland
management districts as indicated on the official Zoning Map of the City shall be
conditional permitted uses therein.
Subd.6 Prohibited Uses. Any permitted or conditional uses that are not permitted
by the applicable zoning district underlying the shoreland management districts as
indicated on the official Zoning Map of the City shall be prohibited in the shoreland
management district.
Subd.7 Water-oriented Accessory Structures. New water-oriented accessory
structures shall be prohibited. Existing water-oriented accessory structures, including
boathouses, shall be considered legal, non-conforming structures that may be
continued, maintained, or replaced subject to the provisions in Section 1350.
1330.03 District Provisions.
Subd. I District Requirements. The following standards shall apply to all
shore lands of the protected waters listed in this Section. Where the requirements of
the underlying zoning district as shown on the official zoning map are more
restrictive than those set forth in this Section, then the more restrictive standards shall
apply:
Lot Area ( square feet):
Riparian Lot
Lot Area (square feet): Non-
Riparian Lot __~____.
Minimum Water Frontage
and Width at Building Line
.....(.f~.~!2..........................................................................................................
Structure Minimum Setback
from Ordinary High Water
Mark
Structure 40 for R-l, R-2, R-3, R-4
from Streets and Highways 50 for Districts B-1, B-2, 1-2
(feet) 55 for District I-I
(feet) 45 for District 1-2
Maximum Lot Area Covered 35 for District R-l, R-2, R-3, R-4
by Impervious Surface (%) 65 for District I-I
75 for District B-1, B-2, 1-2
14,000
14,000
125
75
75
150
75
50
Section 1330 - Shoreland Regulations
Adopted: November 13, 2006
Page 3 of8
City of Arden Hills Chapter 13 Zoning Code
Subd.2 Nonconforming Lots. Lots of record in the office(s) of the County
Recorder and/or Registrar of Titles prior to the date of enactment of this Code which
do not meet the requirements may be allowed as building sites provided:
A. The use is permitted in the zoning district; and,
B. The lot is in separate ownership from abutting lands; and
C. All other sanitary and dimensional requirements of this Section are
complied with insofar as practical and in accordance with Section
1310.03.
Subd.3 Nonconforming structures and uses shall comply with Section 1350 of this
Zoning Code
Subd.4 Roads and Parking Areas. Roads and parking areas shall be located to
retard the runoff of surface waters and nutrients in accordance with the following
cri teria:
A. Where feasible and practical, all roads and parking areas shall meet the
setback requirements established for structures of this Section.
B. In no instance shall these impervious roads or parking surfaces be
placed less than fifty (50) feet from the ordinary high water mark.
C. Natural vegetation or other natural materials shall be used to screen
parking areas when viewed from the water.
Subd.5 Elevation of Lowest Floor.
A. Structures shall be placed at an elevation consistent with the City's
flood plain management controls as set forth in Section 1335 of this Code.
B. In areas not regulated by flood plain management controls, the
elevation to which the lowest floor, including basements, shall be placed
shall be determined as follows:
1. For lakes, ponds, and flowages, by (a) an elevation of available
flood information and consistent with "Statewide Standards and
Criteria for Management of Flood Plain Areas of Minnesota," or (b)
placing the lowest floor at a level at least three (3) feet above the
highest known water level. In those instances where sufficient data on
known high water levels are not available, the ordinary high water
mark shall be used.
Section 1330 - Shore land Regulations
Adopted: November 13, 2006
Page 4 of8
2. For streams, by an evaluation of available flood information and
consistent with "Statewide Standards and Criteria for Management of
Flood Plain Areas of Minnesota."
City of Arden Hills Chapter 13 Zoning Code
Subd. 6 Exceptions to Structure Setback Requirements.
C. Boathouses, Piers, Docks. Setback requirements from the ordinary
high water mark shall not apply to piers, and docks. Location of piers and
docks shall be controlled by applicable State and local regulations.
D. Adjacent Lots. On undeveloped shoreland lots that have two (2)
adjacent lots with existing principal structures on both such adjacent lots,
any new residential structure may be set back the average setback of the
adjacent structures from the ordinary high water mark or fifty (50) feet,
whichever is greater, provided all other provisions of the shoreland
management districts are complied with.
Subd.7 On-site Sewage Treatment Systems. All permitted uses and special uses
within the shoreland management districts shall be served with public sewer. No
private on-site sewage treatment systems shall be permitted.
Subd. 8 Shoreland Alterations.
A. Removal of Natural Vegetation. The removal of natural vegetation
shall be restricted to prevent erosion into protected waters, to consume
nutrients in the soil, and to preserve shoreland aesthetics. Removal of
natural vegetation in the shoreland management districts shall be subject
to the following provisions:
1. Selective removal of natural vegetation shall be allowed, provided
that sufficient vegetative cover remains to screen cars, dwellings and
other structures when viewed from the water.
2. Clear-cutting of natural vegetation shall be prohibited.
3. Natural vegetation shall be restored insofar as feasible after any
construction project is completed to retard surface runoff and soil
erOSIon.
B. Grading and Filling. Grading and filling in shore land management
districts or any alteration of the natural topography where the slope of the
land is toward a protected water or watercourse leading to a protected
water shall only be authorized by a permit. If the amount of grading,
excavation, or filling is less than four hundred (400) cubic yards per single
parcel or four hundred (400) cubic yards per acre of land, whichever is
greater, an administrative permit shall be required. If the amount of
grading, excavation, or filling exceeds four hundred (400) cubic yards per
Section 1330 - Shoreland Regulations
Adopted: November 13,2006
Page 5 of8
City of Arden Hills Chapter 13 Zoning Code
acre of land, whichever is greater, a Conditional Use Permit shall be
required. Such permits shall be applied for and approved in accordance
with this Code and with Section 1325.08 of the City of Arden Hills Zoning
Code. Any such permit may be granted subject to the conditions that:
3. Methods to prevent erosion and trap sediments shall be employed.
1. The smallest amount of bare ground shall be exposed for as short a
time as feasible.
2. Temporary ground cover, such as mulch, shall be used and
permanent ground cover, such as sod, shall be established.
4. Fill shall be stabilized to accepted engineering standards, approved
by the City engineer.
C. Protected W ater/W etlands. Any work which shall change or diminish
the course, current or cross section of a protected water or wetland shall be
approved by the Commissioner of Natural Resources, and the approval
shall be construed to mean the issuance by the Commissioner of Natural
Resources of a permit under the procedures of Minnesota Statutes, Section
105.42 and other related statutes.
Subd. 9 Subdivisions. No land shall be subdivided which shall be held unsuitable
by the City for the proposed use because of flooding, inadequate drainage, soil and
rock formations with severe limitations for development, severe erosion potential,
unfavorable topography, inadequate water supply or sewer access, or any other
feature likely to be harmful to the health, safety, or welfare of future residents of the
proposed subdivision or of the community.
Subd.IO Planned Unit Developments. Planned unit developments may be permitted
in accordance with this Code and the City of Arden Hills Zoning Code, provided that
preliminary plans are approved by the Commissioner of Natural Resources prior to
their approval by the City, and further provided that:
A. Open space is preserved through the use of restrictive deed covenants,
public dedications, or other methods.
B. The following factors shall be carefully evaluated to ensure the
increased density of development shall be consistent with the resource
limitations of the protected water:
1. Suitability of the site for the proposed use;
2. Physical and aesthetic impact of increased density;
3. Level of current development;
Section 1330 - Shoreland Regulations
Adopted: November 13,2006
Page 60f8
City of Arden Hills Chapter 13 Zoning Code
4. Amount and ownership of undeveloped shoreland;
5. Levels and types of water surface use and public accesses;
6. Possible effects on overall public use.
C. Any commercial, recreational, community, or religious facility
allowed as part of the planned unit development shall conform to all
applicable Federal and State regulations including, but not limited to, the
following:
1. Licensing provisions or procedures;
2. Building codes;
3. Safety regulations;
4. Regulations concerning the appropriation and use of "protected
waters" as defined by State law;
5. Applicable regulations of the Minnesota Environmental Quality
Board.
D. The final plan for a planned unit development shall not be modified,
amended, repealed, or otherwise altered unless approved in writing by the
developer, the municipality, and the commissioner.
E. There shall be centralized shoreline recreation facilities such as
beaches, docks and boat launching facilities.
Subd. II Variances. Variances to the requirements of this Section may be granted in
accordance with the provisions of this code and Section 1355.04 Subd 4 of the City of
Arden Hills Zoning Code.
1330.04 Administration.
Subd. I Construction Projects; Developments. All applications for building
permits, conditional use permits, variances and planned unit development permits for
projects located within shoreland management districts shall be subject to, and
administered by, in addition to the provisions of this Section, all applicable provisions
of this Code and the City of Arden Hills Zoning Code.
Subd.2 Subdivisions. All applications for preliminary and final plats and minor
subdivisions located within shoreland management districts shall be subject to, in
addition to the provisions of this Section, all applicable provisions of this Code and
shall be administered as described in this Code.
Section 1330 - Shoreland Regulations
Adopted: November 13,2006
Page 7 of8
City of Arden Hills Chapter 13 Zoning Code
Subd.3 Notification of the Commissioner of Natural Resources.
A. Variances. A copy of any request for a variance to the provisions of
this Section or plats which propose any lots which require variances to the
lot area and dimensional requirements of this Section or the notice of a
public hearing to consider a special use permit or planned unit
development permit shall be sent to the Commissioner of Natural
Resources such that notice shall be received by the commissioner at least
ten (10) days prior to the hearing or action on the request.
B. Amendments. A copy of all amendments to this Section and final
decisions granting variances or conditional uses within the shoreland
management districts shall be sent to the Commissioner of Natural
Resources within ten (10) days of the amendment or final action.
C. Plats. Copies of all plats within the shoreland management districts
shall be submitted to the Commissioner of Natural Resources within ten
(10) days of final approval by the City.
Section 1330 - Shoreland Regulations
Adopted: November 13, 2006
Page 8 of8
Attachment B
Selected Excerpts from the DNR Example
Shoreland Management Ordinance
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February 17, 2009
Selected Excerpts from the DNR Model Ordinance
I. Gradin!! Limits
5.0 - ZONING AND WATER SUPPLY/SANITARY PROVISIONS
5.3 Shoreland Alterations
5.32 Topographic Alterations/Grading and Filling.
A. Grading and 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 must be incorporated into the issuance of permits for construction of
structures, sewage treatment systems, and driveways.
B. Public roads and parking areas are regulated by Section 5.4 of this ordinance.
c. Notwithstanding Items A. and B. above, a grading and filling permit will be
required for:
(1) the movement of more than ten (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.
D. The following considerations and conditions must be adhered to during the
issuance of construction permits, grading and filling permits, conditional use
permits, variances and subdivision approvals:
(1) Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be
evaluated to determine how extensively the proposed activity would affect
the following functional qualities of the wetland*:
(a) sediment and pollutant trapping and retention;
(b) storage of surface runoff to prevent or reduce flood damage;
(c) fish and wildlife habitat;
(d) recreational use;
( e) shoreline or bank stabilization; and
DNR Model Ordinance Excerpts
1
(f) noteworthiness, including special qualities such as historic
significance, critical habitat for endangered plants and animals, or
others.
*This evaluation must also include a determination of whether the
wetland alteration being proposed requires permits, reviews, or
approvals by other local, state, or federal agencies such as a
watershed district, the Minnesota Department of Natural
Resources, or the United States Army Corps of Engineers. The
applicant will be so advised.
(2) Alterations must be designed and conducted in a manner that ensures
only the smallest amount of bare ground is exposed for the shortest time
possible;
(3) Mulches or similar materials must be used, where necessary, for
temporary bare soil coverage, and a permanent vegetation cover must be
established as soon as possible;
( 4) Methods to minimize soil erosion and to trap sediments before they
reach any surface water feature must be used;
(5) Altered areas must be stabilized to acceptable erosion control standards
consistent with the field office technical guides of the local soil and water
conservation districts and the United States Soil Conservation Service;
(6) Fill or excavated material must not be placed in a manner that creates
an unstable slope;
(7) 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) Fill or excavated material must not be placed in bluff impact zones;
(9) Any alterations below the ordinary high water level of public waters
must first be authorized by the commissioner under Minnesota Statutes,
section 105.42;
(10) Alterations of topography must only be allowed if they are accessory
to permitted or conditional uses and do not adversely affect adjacent or
nearby properties; and
(11) Placement of natural rock riprap, including associated grading of the
shoreline and placement of a filter blanket, 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
DNR Model Ordinance Excerpts
2
level, and the height of the riprap above the ordinary high water level does
not exceed three feet.
E. Connections to public waters. Excavations where the intended purpose is
connection to a public water, such as boat slips, canals, lagoons, and harbors,
must be controlled by local shoreland controls. Permission for excavations may be
given only after the commissioner has approved the proposed connection to
public waters.
5.4 Placement and Design of Roads, Driveways, and Parking Areas.
5.41 Public and private roads and parking areas must be designed to take advantage of
natural vegetation and topography to achieve maximum screening from view from public
waters. Documentation must be provided by a qualified individual that all roads and
parking areas 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.
5.42 Roads, driveways, and parking areas must meet structure setbacks and must 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 must be designed to minimize adverse impacts.
5.43 Public and private 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. For private facilities, the grading
and filling provisions of Section 5.32 of this ordinance must be met.
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2. Measurin!! Structures/Surface Setbacks
5.0 - ZONING AND WATER SUPPLY/SANITARY PROVISIONS
5.2 Placement, Design, and Height of Structures.
5.21 Placement of Structures on Lots. When more than one setback applies to a site,
structures and facilities must be located to meet all setbacks. 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 setbacks from the ordinary high
water level, provided the proposed building site is not located in a shore impact zone or
in a bluff impact zone. Structures shall be located as follows.
A. Structure and On-site Sewage System Setbacks (in feet) from Ordinary High
Water Level * .
Setbacks*
Classes of
Public Waters
Structures
Sewered
Lakes
Natural
Environment
150
Recreational
Development
100
General
Development
75
*One water-oriented accessory structure designed in accordance with Section 5.22
of this ordinance may be set back a minimum distance often (10) feet from the
ordinary high water level.
B. Additional Structure Setbacks. The following additional structure setbacks
apply, regardless of the classification of the waterbody:
Setback From:
(1) top of bluff;
(2) unplatted cemetery;
(3) right-of-way line of
federal, state, or
county highway; and
(4) right-of-way line of
town road, public street,
Setback (in feet)
30
50
50
20
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or other roads or streets
not classified.
C. Bluff Impact Zones. Structures and accessory facilities, except stairways and
landings, must not be placed within bluff impact zones.
D. Uses Without Water-oriented Needs. Uses without water-oriented needs must
be located on lots or parcels without public waters frontage, or, if located on lots
or parcels with public waters frontage, must either be set back double the normal
ordinary high water level setback or be substantially screened from view from the
water by vegetation or topography, assuming summer, leaf-on conditions.
5.22 Design Criteria For Structures.
B. Water-oriented Accessory Structures. Each lot may have one water-oriented
accessory structure not meeting the normal structure setback in Section 5.21 of
this ordinance if this water-oriented accessory structure complies with the
following provisions:
(1) the structure or facility must not exceed ten feet in height, exclusive of
safety rails, and cannot occupy an area greater than 250 square feet.
Detached decks must not exceed eight feet above grade at any point;
(2) the setback of the structure or facility from the ordinary high water
level must be at least ten feet;
(3) 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;
(4) the roof may be used as a deck with safety rails, but must not be
enclosed or used as a storage area;
(5) the structure or facility must not be designed or used for human
habitation and must not contain water supply or sewage treatment
facilities; and
(6) as an alternative for general development and recreational
development waterbodies, water-oriented accessory structures used solely
for watercraft 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.
5.4 Placement and Design of Roads, Driveways, and Parking Areas.
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5.42 Roads, driveways, and parking areas must meet structure setbacks and must
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 must be designed to minimize adverse impacts.
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3. Stairstt Landin2Stt and Walkways
C. 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 must meet the following design
requirements:
5.0 - ZONING AND WATER SUPPLY/SANITARY PROVISIONS
5.2 Placement, Design, and Height of Structures.
5.22 Design Criteria For Structures.
(1) stairways and lifts must not exceed four feet in width on residential
lots. Wider stairways may be used for commercial properties, public open-
space recreational properties, and planned unit developments;
(2) landings for stairways and lifts on residential lots must not exceed 32
square feet in area. Landings larger than 32 square feet may be used for
commercial properties, public open-space recreational properties, 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,
provided that the dimensional and performance standards of subitems (1)
to (5) are complied with in addition to the requirements of Minnesota
Regulations, Chapter 1340.
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4. Controlled Access Lots
5.0 - ZONING AND WATER SUPPLY/SANITARY PROVISIONS
5.1 Lot Area and Width Standards.
5.14 Additional Special Provisions.
D. Lots intended as controlled accesses to public waters or as recreation areas for
use by owners of nonriparian lots within subdivisions are permissible and must
meet or exceed the following standards:
(1) they must meet the width and size requirements for residential lots, and
be suitable for the intended uses of controlled access lots.
(2) If docking, mooring, or over-water storage of more than six (6)
watercraft is to be allowed at a controlled access lot, then the width of the
lot (keeping the same lot depth) must be increased by the percent of the
requirements for riparian residential lots for each watercraft beyond six,
consistent with the following table:
Controlled Access Lot Frontage Requirements
Ratio of lake size Required increase to shore length in frontage
(acres/mile) (percent)
Less than 100 25
100-200 20
201-300 15
301-400 10
Greater than 400 5
(3) they must be jointly owned by all purchasers of lots in the subdivision
or by all purchasers of nonriparian lots in the subdivision who are
provided riparian access rights on the access lot; and
(4) covenants or other equally effective legal instruments must be
developed that specify which lot owners have authority to use the access
lot and what activities are allowed. The activities may include watercraft
launching, loading, storage, beaching, mooring, or docking. They must
also include other outdoor recreational activities that do not significantly
conflict with general public use of the public water or the enjoyment of
normal property rights by adjacent property owners. Examples of the
nonsignificant conflict activities include swimming, sunbathing, or
picnicking. The covenants must limit the total number of vehicles allowed
to be parked and the total number of watercraft allowed to be continuously
moored, docked, or stored over water, and must require centralization of
all common facilities and activities in the most suitable locations on the lot
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to minimize topographic and vegetation alterations. They must also
require all parking areas, storage buildings, and other facilities to be
screened by vegetation or topography as much as practical from view from
the public water, assuming summer, leaf-on conditions.
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5. Enhanced Variance Review Standards
SECTION 3.0 - ADMINISTRATION
3.3 Variances
3.31 Variances may only be granted in accordance with Minnesota Statutes, Chapter 394
(for counties) or 462 (for municipalities), as applicable. A variance may not circumvent
the general purposes and intent of this ordinance. No variance may be granted that would
allow any use that is prohibited in the zoning district in which the subject property is
located. Conditions may be imposed in the granting of a variance to ensure compliance
and to protect adjacent properties and the public interest. In considering a variance
request, the board of adjustment must also consider whether the property owner has
reasonable use of the land without the variance, whether the property is used seasonally
or year-round, whether the variance is being requested solely on the basis of economic
considerations, and the characteristics of development on adjacent properties.
3.32 The board of adjustment shall hear and decide requests for variances in accordance
with the rules that it has adopted for the conduct of business. 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 Section 3.42
below shall also include the board of adjustment's summary of the public
record/testimony and the findings of facts and conclusions which supported the issuance
of the variance.
3.33 For existing developments, the application for variance must clearly demonstrate
whether a conforming sewage treatment system is present for the intended use of the
property. The variance, if issued, must require reconstruction of a nonconforming sewage
treatment system.
3.4 Notifications to the Department of Natural Resources
3.41 Copies of all notices of any public hearings to consider variances, amendments, or
conditional uses under local shoreland management controls must be sent to the
commissioner or the commissioner's designated representative and postmarked at least
ten days before the hearings. Notices of hearings to consider proposed
subdivisions/plats must include copies of the subdivision/plat.
3.42 A copy of approved amendments and subdivisions/plats, and final decisions
granting variances or conditional uses under local shoreland management controls
must be sent to the commissioner or the commissioner's designated representative and
postmarked within ten days of final action.
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6. Subdivisions
SECTION 7.0 - SUBDIVISION/PLATTING PROVISIONS
7.11 Land suitability. Each lot created through subdivision, including planned unit
developments authorized under Section 8.0 of this ordinance, must be suitable in its
natural state for the proposed use with minimal alteration. Suitability analysis by the local
unit of government shall consider susceptibility to flooding, existence of wetlands, soil
and rock formations with severe limitations for development, severe erosion potential,
steep topography, inadequate water supply or sewage treatment capabilities, near-shore
aquatic conditions unsuitable for water-based recreation, important fish and wildlife
habitat, presence of significant historic sites, or any other feature of the natural land likely
to be harmful to the health, safety, or welfare of future residents of the proposed
subdivision or of the community.
7.12 Consistency with other controls. Subdivisions must conform to all official controls
of this community. A subdivision will not be approved where a later variance from one or
more standards in official controls would be needed to use the lots for their intended
purpose. In areas not served by publicly owned sewer and water systems, a subdivision
will not be approved unless domestic water supply is available and a sewage treatment
system consistent with Sections 5.2 and 5.8 can be provided for every lot. Each lot shall
meet the minimum lot size and dimensional requirements of Section 5.1, including at
least a minimum contiguous lawn area, that is free of limiting factors sufficient for the
construction of two standard soil treatment systems. Lots that would require use of
holding tanks must not be approved.
7.13 Information requirements. Sufficient information must be submitted by the applicant
for the community to make a determination of land suitability. The information shall
include at least the following:
(1) topographic contours at ten-foot intervals or less from United States
Geological Survey maps or more accurate sources, showing limiting site
characteristics;
(2) the surface water features required in Minnesota Statutes, section 505.02,
subdivision 1, to be shown on plats, obtained from United States Geological
Survey quadrangle topographic maps or more accurate sources;
(3) adequate soils information to determine suitability for building and on-site
sewage treatment capabilities for every lot from the most current existing sources
or from field investigations such as soil borings, percolation tests, or other
methods;
(4) information regarding adequacy of domestic water supply; extent of
anticipated vegetation and topographic alterations; near-shore aquatic conditions,
including depths, types of bottom sediments, and aquatic vegetation; and
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proposed methods for controlling stormwater runoff and erosion, both during and
after construction activities;
(5) location of 100-year flood plain areas and floodway districts from existing
adopted maps or data; and
(6) a line or contour representing the ordinary high water level, the "toe" and the
"top" of bluffs, and the minimum building setback distances from the top of the
bluff and the lake or stream.
7.14 Dedications. When a land or easement dedication is a condition of subdivision
approval, the approval must provide easements over natural drainage or ponding areas for
management of stormwater and significant wetlands.
7.15 Platting. All subdivisions that create five or more lots or parcels that are 2-1/2 acres
or less in size shall be processed as a plat in accordance with Minnesota Statutes, Chapter
505. No permit for construction of buildings or sewage treatment systems shall be issued
for lots created after these official controls were enacted unless the lot was approved as
part of a formal subdivision.
7.16 Controlled Access or Recreational Lots. Lots intended as controlled accesses to
public waters or for recreational use areas for use by nonriparian lots within a subdivision
must meet or exceed the sizing criteria in Section 5.14 of this ordinance.
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