Correspondence re code violation

Home Browse Search

d. Recreational use; e. Shoreline or bank stabilization; and 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 sections of city ordinances or by other local state or federal agencies including but not limited to watershed districts, state department of natural resources, or the United States Army Corps of Engineers. (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 the city engineer 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 of the department of natural resources under Minn. Stat. § 103G.245. (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 property. (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 level, and the height of the riprap above the ordinary high water level does not exceed three feet. A riprap permit shall be obtained per the requirements of section 78-969. (f) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, are prohibited above the ordinary high water level. Such excavations below the elevation or the ordinary high water level are subject to approval of the department of natural resources and other agencies with concurrent jurisdiction. (Ord. No. 101 2nd series, § 1(10.56(16)(J)), 2-24-1992; Ord. No. 127 2nd series, § 8, 7-11-1994; Ord. No. 163 2nd series, § 3, 12-8-1997; Ord. No. 171 2nd series, § 2, 4-4-1998; Ord. No. 28 3rd series, § 17, 8-22-2005) Sec. 78-1288. Hard cover limitations. (a) Hardcover allotment. The following hardcover restrictions apply to all properties in the Shoreland Overlay District: (1) Hardcover zones. a. Within 75 feet of the Ordinary High Water Level (OHWL) of any lake or tributary, no hard cover or impervious surface shall be placed, located or constructed, except for driveways, stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. b. Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hardcover. City Code Excerpts Page 2 of 4