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.6120.3300 Minnesota Rule Page 9 of 13 <br /> . <br /> (2)the deck encroachment toward the ordinary high water level does not exceed 15 <br /> percent of the existing shoreline setback of the structure from the ordinary high water level or <br /> does not encroach closer than 30 feet, whichever is more restrictive; and <br /> (3)the deck is constructed primarily of wood, and is not roofed or screened. <br /> Subp. 4. Shoreland alterations.Vegetative alterations and excavations or grading and filling <br /> necessary for the construction of structures and sewage treatment systems under validly issued <br /> permits for these facilities are exempt from the vegetative alteration standards in this subpart and <br /> separate permit requirements for grading and filling. However, the grading and filling conditions <br /> of this subpart must be met for issuance of permits for structures and sewage treatment systems. <br /> Alterations of vegetation and topography must be controlled by local governments to prevent <br /> erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, <br /> prevent bank slumping, and protect fish and wildlife habitat. Public roads and parking areas, as <br /> regulated by subpart 5, are exempt from the provisions of this part. <br /> A.Removal or alterations of vegetation, except for forest management or agricultural <br /> uses as provided for in subparts 7 and 8, is allowed according to the following standards: <br /> (1)Intensive vegetation clearing within the shore and bluff impact zones and on <br /> steep slopes is not allowed. Intensive vegetation clearing outside of these areas is allowed if the <br /> activity is consistent with the forest management standards in subpart 8. <br /> (2)Limited clearing of trees and shrubs and cutting, pruning, and trimming of trees <br /> to accommodate the placement of stairways and landings, picnic areas, access paths, livestock <br /> watering areas, beach and watercraft access areas, and permitted water-oriented accessory <br /> structures or facilities, as well as providing a view to the water from the principal dwelling site, in <br /> shore and bluff impact zones and on steep slopes is allowed, provided that: <br /> (a)the screening of structures, vehicles, or other facilities as viewed from the <br /> water, assuming summer, leaf-on conditions, is not substantially reduced; <br /> (b)along rivers, existing shading of water surfaces is preserved; and <br /> (c)the above provisions are not applicable to the removal of trees, limbs, or <br /> branches that are dead, diseased, or pose safety hazards. <br /> (3)Use of fertilizer and pesticides in the shoreland management district must be <br /> done in such a way as to minimize runoff into the shore impact zone or public water by the use of <br /> earth, vegetation, or both. ' <br /> B.Before grading or filling on steep slopes or within shore or bluff impact zones <br /> involving the movement of more than ten cubic yards of material or anywhere else in a shoreland <br /> area involving movement of more than 50 cubic yards of material, it must be established by local <br /> official permit issuance that all of the following conditions will be met. The following conditions <br /> must also be considered during subdivision, variance, building permit, and other conditional use <br /> permit reviews. <br /> (1)Before authorizing any grading or filling activity in any type 2, 3, 4, 5, 6, 7, or 8 <br /> wetland, local officials must consider how extensively the proposed activity would affect the <br /> following functional qualities of the wetland: <br /> (a)sediment and pollutant trapping and retention; <br /> (b)storage of surface runoff to prevent or reduce flood damage; <br /> https://www.revisor.mn.gov/rules/?id=6120.3300 9/15/2011 <br />