Re: combining lots vs leaving as is

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6120.3300 - Minnesota Administrative Rules Page 7 of 11 � ' structure setbacks were established by ordinance,if all of the following criteria and standards are met: (1) a thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure; (2) the deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing shoreline setback of the structure from the ordinary high water level or does not encroach closer than 30 feet,whichever is more restrictive;and (3) the deck is constructed primarily of wood,and is not roofed or screened. Subp. 4. Shoreland alterations. Vegetative alterations and excavations or grading and filling necessary for the construction of structures and sewage treatment systems under validly issued permits for these facilities are exempt from the vegetative alteration standards in this subpart and separate permit requirements for grading and filling. However,the grading and filling conditions of this subpart must be met for issuance of permits for structures and sewage treatment systems.Alterations of vegetation and topography must be controlled by local governments to prevent erosion into public waters, fix nutrients,preserve shoreland aesthetics,preserve historic values,prevent bank slumping,and protect fish and wildlife habitat.Public roads and parking areas,as regulated by subpart 5,are exempt from the provisions of this part. A. Removal or alterations of vegetation,except for forest management or agricultural uses as provided for in subparts 7 and 8,is allowed according to the following standards: (1) Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed.Intensive vegetation clearing outside of these areas is allowed if the activity is consistent with the forest management standards in subpart 8. (2) Limited clearing of trees and shrubs and cutting,pruning,and trimming of trees to accommodate the placement of stairways and landings,picnic areas,access paths, livestock watering areas,beach and watercraft access areas,and permitted water- oriented accessory structures or facilities,as well as providing a view to the water from the principal dwelling site, in shore and bluff impact zones and on steep slopes is allowed, provided that: (a) the screening of structures,vehicles,or other facilities as viewed from the water,assuming summer,leaf-on conditions,is not substantially reduced; (b) along rivers,existing shading of water surfaces is preserved;and (c) the above provisions are not applicable to the removal of trees, limbs,or branches that are dead,diseased,or pose safety hazards. (3) Use of fertilizer and pesticides in the shoreland management district must be done in such a way as to minimize runoff into the shore impact zone or public water by the use of earth,vegetation,or both. B. Before grading or filling on steep slopes or within shore or bluff impact zones involving the movement of more than ten cubic yards of material or anywhere else in a shoreland area involving movement of more than 50 cubic yards of material, it must be established by local official permit issuance that all of the following conditions will be met. The following conditions must also be considered during subdivision,variance, building permit,and other conditional use permit reviews. (1) Before authorizing any grading or filling activity in any type 2,3,4, 5, 6,7,or 8 wetland,local officials must consider 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;or https://www.revisor.mn.gov/rules/?id=6120.3300 4/22/2014