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04-04-2012 Planning Commission Work Session
ORONO PLANNING COMMISSION WORK SESSION Wednesday, April 4, 2012 at 5:30 pm 2780 Kelley Parkway — Council Chambers AGENDA NEW BUSINESS 1. Bluff Primer 2. April 16th Application Review - Legal Notice - Attached 3. Selection of PC Representative for April 9th Council Meeting OLD BUSINESS 4. Dock Rental Ordinance Update ADJOURNMENT (7:00 p.m.) CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, April 16, 2012, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 11-3534 Estate of Arthur J. Nelson, 400 Willow Drive South, RR-1 B zoning district, requests approval of a subdivision to create three 2+ acre lots where one 12+ acre lot currently exists. 12-3547 John & Phoebe Stavig, "790" Brown Road N, PID 34-118-23-11-0003, LR-1A zoning district, request a 15 foot setback from the top of the bluff where a 30 foot setback is normally required and a 30 foot setback from the rear/street lot line where a 50 foot setback is normally required in order to construct a new residence on a vacant property. 12-3549 Margaret Peltola, 1550 North Arm Drive, LR-1B zoning district, requests an after- the-fact variance for a 28 foot front setback where a 35 foot setback is normally required for a deck and entry porch. 12-3551 Yueh Chuan Kung & Carl Tseng on behalf of Impool, LLC, 1550 Long Lake Boulevard, LR-1A zoning district, request lot area and lot width variances in order to construct a new residence on a lot 0.27 acres in area and 99 feet in width where 2.0 acres and 200' width are normally required; lakeshore, side yard and street setback variances; 0-75' and 75-250' zone hardcover variances; a structural lot coverage variance; and a variance for construction within a bluff and within the bluff impact zone. 12-3552 Jim & Sherry White, 3516 Ivy Place, LR-1C zoning district, request a 75-250' zone hardcover variance to permit 45.9% hardcover where 47.5% currently exists and only 25% is normally allowed, for construction of a deck. 12-3553 CraigBank Holdings, LLC and Longridge Associates, owners of property located at and adjacent to 1700 Fox Street (Parcel PIDs 03-117-23 41 0003 and 03-117-23 41 0005), RR-1B zoning district, request a lot line rearrangement to separate a portion of the latter parcel for combination with the former parcel, resulting in no new buildable lots. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by April 10, 2012 if possible. Interested persons may review the applications at City offices. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission Michael P. Gaffron Assistant City Administrator , ,_ • ''4• .-1---'-'1"---- •,g,,;, 1,. .••-••• 4:•:.•,.....-1kr •-• -4:;';' '' VI- 'V ' '§ -.. ' ---ip •;,,- --,,, ,.::,;:\ _.4,/I ,,,L,- 1.- ) 9 -\.‘- - •: t - i -*;-.-"•- . i:f u),)1. 4':,' •1,-------,.: 1' .,,....,‘, „ •7.•t--i ..,- . • .5t• - •.& 7 ,6: ,..• CI rr . ----*---, v J)a),-....‘, .A.1..... .••-• . V. c 0 -P :i 0' • •i I •••••••;.----., (Z3 pa z., ' , . , ,., "- .'• 'ft-,'/ •,; 4,1 4 It. Pt .;), ,;...7.ii)„,1,.4• ..," • %.,\IT4,,. .•T' 0 ' ' %CI to ,, • `' cc'' --- E)). 411), Et. 1. -' ', i' /„ , ,, 0 -.1.• Z. 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Iiitie.-1 ' ', \si'• - ! 4- . . , I$, (,,, (I); wi-ei !,;ii -- -, r,§1()'1,- , 4 14 /./.. - • /--1,--.%' (C‘..,4,4,4 4,,,' - i•., - ,_a., , ,:•,--1:•....,. --- .•., 1 /-.- - 4p Cm0 2D/V Bluff means a topographic feature, such as a hill, cliff or embankment, having the following characteristics (An area with an average slope of less than 18 percent over a distance of 50 feet or more shall not be considered part of the bluff): (1) Part or all of the feature is located in a shoreland area; (2) The slope rises at least 25 feet above the ordinary high water level of the water body; (3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and (4) The slope must drain toward the water body. Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff. Bluff, toe of the, means the lower point of a 50-foot segment with an average slope exceeding 18 percent. Bluff, top of the, means that point on the cross section of a bluff below which the slope becomes more than 18 percent and above which the average slope for a distance of 50 feet or more is 18 percent or less. 0 s- ■ • d 0 O ® 0 i O GA D 001 CrS 140:".4= % ._ CZ 1 o V a) cz a) C) 0 O CZ V i 12. E 0 0 mr2 ,.J .w ti) CU 1E5 al .c O al Q ..cO M •- CD 0 - ■O c L. cic5 15 Won Cr) iii 0 a) as O WE= 2.6 '' N = > up .-.._, M ice- CD .0.0 O 0 o Noma M _ L 1:203 48 .� CZ E O O ct a> •19 0 O 715Q cn L- .12 E ,-0 0. m0 0 .iu) U a � o as En. L '^ ' L E c _o a .4-. ai a) %) E a -.. . '-61= 0 E 0., O. 6 § = 4_0 0 CV i _ as E 0 7/)4, O a T0A ( ' 2 c co a. E— . O O ~' Q E � ,O O. M a) O cDE r N M 'Cr Z , 1111 rD/v e_ `p hu LT IO N Nor- D I1-ptv©s 9Erry / 770i)S "TOP OF THE BLUFF " DEFINITIONS TECHNICAL (LEGAL) DEFINITION -from standards "Top of the bluff" • ea .: the higher point of a 50-foot segment with an average . s 4e exceeding 18 percent. PRACTICAL (COMMON SENSE) DEFINITION - from applications "Top of the bluff" means the point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from steeper to gentler slope above. If no break in the slope is apparent, the top of bluff shall be determined to be the upper end of a 50-foot segment, measured on the ground, with an average slope exceeding 18 percent. 0 "TOE OF THE BLUFF " DEFINITIONS TECHNICAL (LEGAL) DEFINITION -from standards "Toe of the bluff" means the lower point of a 50-foot segment with an average slope exceeding 18 percent. PRACTICAL (COMMON SENSE) DEFINITION - from applications "Toe of the bluff" means the point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from gentler to steeper slope above. If no break in the slope is apparent, the toe of bluff shall be determined to be the lower end of a 50-foot segment, measured on the ground, with an average slope exceeding 18 percent. 0 a) C. U O U5 M C i a) a IIIIM M CDG) II 0 O WI. m 0 0 a 14..- O �� �� xT CO CO O OU c I173 ccz *aO O cr N .1 .N N r . CO rill il I.IM AWN CD a �- _ Os R3 R3 O C coE - V - Cl) C ._ C En We' O z- 0 UNN0 .. O N . . Q O.1.-• I O .2 I cn CD 0 45 CI 1.— a; .1. 0 N a) cp a) . 0 O a 0 O 1.7., WO 0 Co aaleaao .10 11 53 1146ieH 1.0 IS .•-• -a A •V A = L cp 0 - 3eu iti N c ° 0 0 o (..) 2 -- . cz — o .. N o E c E1 fa. 14— O CI- 0 `*- c/) co i.c 0 '*' Cid v' NA C .C: I.- o M . r-7,--) „, J S O co4 4— . W3 's 14— a, m rtioo0 0 iii- e. . 0 C, O � filibil i 0 /”" cido (Y1 � o saC c- 12 4, ,, , F -up E 0 ::::` m 1 •l LL MS im .0 ii il 14.10 CD n CD4 _ Healthy Shorelines ZnM60111:11111!) What is a Healthy Shoreline? A healthy shoreline supports a diverse community of fish and wildlife by411 providing native vegetation that fulfills their habitat needs where land and j,;'�' ; `7�'=•� water meet.Native vegetation provides important water quality functions S�+rctu�e setback by slowing and filtering water runoff as it moves to the lake or stream:'- :. sJ.t Shorelines with a diverse mixture of native plants extending inland as • `+ , r• well as offshore of the bank are more resilient to wave and ice erosion. Our lakes, streams and wetlands need healthy _y! ___ {"';,^ , shorelines to reduce runoff, filter pollutants, and provide = : ; x • . ''shore • important habitat functions that benefit fish and wildlife. ,,� "� , f impact • r • zone Vegetation Management in Shoreland Areas The protection of natural vegetation in shoreland areas, especially along lakes and streambanks, is critical to maintaining water quality and wildlife habitat. Good shoreland management requires the protection of natural vegetation in shore impact zones, steep slopes and bluff areas. Shoreland vegetation (native trees, shrubs, forbs, grasses) provides numerous ecological benefits including: • Minimizes the erosive impact of raindrops • Holds soils and limits soil erosion from surface runoff,which is important since high velocity or concentrated runoff volumes can readily erode soils • Removes nutrients in runoff which would degrade water quality • Binds and strengthens the soil column with deep, dense roots which prevent and reduce the likelihood of bank or slope failure • Provides diverse fish and wildlife habitat • Provides privacy and helps screen shoreland development • Provides natural and aesthetic views • Reduces erosion by protecting the banks against wave energy What is a Shore Impact Zone? The shore impact zone is land located between the waterbody and one-half of the structure setback. This concept was created in the 1989 shoreland standards to maintain existing buffers, limit the number of buildings placed in close proximity to the water, reduce soil erosion caused by construction or vegetation removal, and preserve aesthetic values. It serves to buffer the water from more intensive land uses. A proliferation of accessory structures (boathouses, fish houses, sheds, etc.) clutters shores and displaces natural vegetation. Moreover, construction near the shoreline brings grading and filling activities and increases erosion. In order to protect shoreland soils,vegetation and aesthetics,the Shore Impact Zone was designated to protect important amenities of the lake while still allowing for access to the waterbody. Healthy Shorelines, February 2012 Page 1 of 2 Healthy Shorelines So What's the Problem? There are many shorelines where the banks were long ago stripped of the native plant community, including trees and shrubs,and converted to turf grass-type lawns.The loss of this vegetation encourages soil erosion and nutrients to flow directly to the lake. As these practices spread around a lake,there are fewer areas left to treat runoff water and provide habitat.Studies of Minnesota lakes have shown that the removal of natural vegetation near the shoreline reduces the amount of habitat available to songbirds and amphibians and reduces fish-nesting. Many of these problems could be prevented or minimized if an area of native plants is maintained or restored. Shoreland ordinances allow a limited number of trees and shrubs to be cleared to accommodate stairways and access paths. However,the applicable standard for such removal is that the screening of structures,vehicles or other facilities as viewed from the water may not be substantially reduced. Dead or diseased vegetation can be removed although they may be important for songbirds and other wildlife.Invasive species can be an overwhelming problem both on the shore and in the water.The local zoning office or DNR area hydrologist should be contacted for guidance before proceeding with any lakeshore alterations or removal of live vegetation. What Can You Do? •Protect the health of the vegetation growing on your property. •Invasive species tend to spread rapidly.Learn to identify the most common invasive species. k Invasives should be removed,but replanting native species may be needed to protect shorelines ' Ui from erosion. ' . t ' ' •Use herbicides that are labeled for an aquatic site or use a more precise method of application, -, like a wick applicator or a cotton glove over the top of a chemical resistant glove to apply the s product only to those plants you want to control. • Leave vegetation in place to screen structures,vehicles or other facilities as viewed from the water. -- ==a - . • •Consider leaving dead or diseased vegetation in place as they may be important for songbirds and other wildlife. •Most importantly,leave an area of native plants between the house and the shoreline area.Limit the removal of trees and shrubs. • If you have been mowing near the shoreline,simply discontinue that practice to allow growth of native plants or restore and replant with native flowers,shrubs or trees. Contact the local Soil and Water Conservation District,DNR area hydrologist or your county zoning office to get assistance. There are also a number of books and"on-line tools"(Restore Your Shore http://www.dnr.state.mn.us/restoreyourshore/in- dex.html and Score Your Shore http://www.dnr.state.mn.us/scoreyourshore/index.html)and other literature available to help you support shorelines that promote healthy lakes and streams and the biotic communities that depend on them. Glossary of Terms Shore Impact Zone: land located between the waterbody and one-half of the structure setback Bluff Impact Zone: bluff and land located within 20 feet from the top of a bluff Steep Slopes: land having an average slope greater than 12 percent Runoff: precipitation or snow melt,which is not intercepted by vegetation,absorbed in soil,or evaporated,that moves over the land surface to streams,lakes,ditches,and depressions in the ground DNR Contact Information DNR Information Center Twin Cities:(651)296-6157 MIt111eSOfa DNR Ecological and Water Resources Minnesota toll free: 1-888-646-6367 website and a listing of Area Hydrologists: Telecommunication device for the deaf(TDD):(651)296-5484 htt JImndnr.govlwaters TDD toll free: 1-800-657-3929 DNR Ecological and Water Resources 500 Lafayette Road,Box 32 Equal opportunity to participate in and benefit from programs of the Minnesota DEPARTMENT OF St.Paul,MN 55155 Department of Natural Resources is available regardless of race,color, NATURAL RESOURCES (651)259-5100 national origin,sex,sexual orientation,marital status,status with regard • to public assistance,age,or disability.Discrimination inquiries should be This information is available in an sent to Minnesota DNR,500 Lafayette Road,St.Paul,MN 55155-4049;or alternative format on request. the Equal Opportunity Office,Department of the Interior,Washington,DC v 2012 State of Minnesota.Department of Natural Resources 20240. Healthy Shorelines, February 2012 Page 2 of 2 Hennepin County GIS - Printable Map Page 1 of 1 Hennepin Interactive Property maps #///1i; Map YT . M y MO 3 !^ 4 r ti . `-‘11,.._app...... ' - 434,..:. 4,1: ':-..,le,--... *... .. i' , : y 411 - , • * . • ,4 .. let ''k .1'6* ,'1; ' - ' '-, .... ' x -- ,,,,,r4,-.. ,. .:. i. .. . . 41*-*ifil- 'C'H‘ ''''''''.::- : '-'' • ;.. t'"' - a'‘ I I ri d• `� SIT(---s — lffi!W -_ _ ��i _ - *� T". 1,l. .i . 16 .„... ..i..,-4.,44,t, F:,, _ r '. .---,„4,c. Y :•..>' iti , , 1 . 1S• R . * Vs•.' 6, •:' - Nil .. f ,, Parcel 08-117-23-33-0074 A-T-B: Torrens Map Scale: 1"=400 ft. N ID: Print Date: 4/4/2012 Owner Margaret Peltola Market $155,000 Name: Total: Parcel 1550 North Arm Dr Tax $1,451.90 Address: Orono, MN 55364 Total: (Payable: 2012) Property Sale Residential $53,000 Type: Price: This map is a compilation of data from various sources and is furnished"AS IS"with no Home- Sale 04/1985 i representation or warranty expressed or Homestead stead: Date: implied,including fitness of any particular i purpose,merchantability,or the accuracy and completeness of the information shown. Parcel 0.34 acres Sale Warranty Deed COPYRIGHT©HENNEPIN COUNTY 2012 Area: 14,984 sq ft Code: A T nk Greer: http://gis.co.hennepin.mn.us/Property/print/default.aspx?C=45 5321.4556666118,4979686.7... 4/4/2012 \\\\ e Ji/ / z — \\\\\., - 1 / Aa \\I\\\, N 89°5429"W 906.02 %/ \ (xe.ee I✓, i i „ -- --- 5 / .-• 1\'\� /I I III�a��\ \ 67.01 t� /// \�\ N. 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(4. ,, ,,, iv i :........,. __.,_7.___ — A .\----,,,,, ,v\---..._, \\\0 ,,, , \\\\ 1=—•r=_— 7 vs �-_�'"/ it \\\\\ ` .—!� =>~'k SW CORNER OF NE 1/4,/ _ \ —-° - -_/,//• / //// / // / /- -`� \w, +� SE 1/4, SE 1!4,SEC.3-117-23 -- ././'„// / / / 4( �._ -- ..6.r��,.r.__ .,yy,__ � h.._ -- SOUTH LINE OF NE 1/, -, - i,: �� • .. J ---- SE 114,SEC.3-117-23 -'-----, ...711171&.. ' 7 E„\90 1 -- ---)Z-. 1� S 89°42'27"W 429. sl:r 1 25 I2 * 35�3 u3511S3 CHAPTER 6120 DEPARTMENT OF NATURAL RESOURCES SHORELAND MANAGEMENT RULES Table of Contents 6120.2500 DEFINITIONS. 400O 6120.2600 POLICY 10 6120.2800 SCOPE 10 Subpart 1. Responsibilities and authorities 10 Subp. la. North Shore Management Plan. 10 Subp. 2. Adoption schedule. 11 Subp. 3. Implementation flexibility. 11 6120.3000 SHORELAND MANAGEMENT CLASSIFICATION SYSTEM. 13 Subpart 1. Criteria. 13 Subp. la. Classes. 14 Subp. 2. Supporting data. 16 Subp. 3. Classification procedures 16 Subp.4. Reclassification 16 Subp. 5. Modification and expansion of system 17 6120.3100 LAND USE DISTRICTS. 17 6120.3200 CRITERIA FOR LAND USE ZONING DISTRICT DESIGNATION 17 Subpart 1. Criteria. 17 Subp. 2. Designation of zoning districts 18 Subp. 3. Land use district descriptions 19 Subp. 4. Shoreland classifications and uses; lakes 20 Subp. 5. Shoreland classifications and uses;rivers. 22 6120.3300 ZONING PROVISIONS 25 Subpart 1. Purpose 25 Subp. 2. Residential lot size. 25 Subp. 2a. Lot area and width standards for single, duplex, triplex,and quad residential development; lake classes. 28 Subp. 2b. Lot width standards for single, duplex,triplex, and quad residential development; river classes. 31 Subp. 3. Placement and height of structures and facilities on lots. Subp.4. Shoreland alterations. •� Subp. 5. Placement and design of roads, driveways, and parking areas 39 Subp. 6. [Repealed, 13 SR 3029] 39 Subp. 7. Agricultural use standards. 39 Subp. 8. Forest management standards. 40 Subp. 9. Extractive use standards 40 Subp. 10. Standards for commercial, industrial,public,and semipublic uses 41 Subp. 11. Stormwater management. 42 Subp. 12. Mining of metallic minerals and peat, as defined by Minnesota Statutes, sections 93.44 to 93.51 43 6120.3400 SANITARY PROVISIONS. 43 Subpart 1. [Repealed, 13 SR 3029] 43 Subp. 2. Water supply P 43 Subp. 3. Sewage treatment. 43 6120.3500 SUBDIVISION PROVISIONS. 45 Subpart 1. Land suitability. 45 Subp. 2. Platting 45 Subp. 3. Consistency with other controls 45 Subp.4. Information requirements. 46 Subp. 5. Dedications. 46 6120.3800 PLANNED UNIT DEVELOPMENT 46 Subp. 2. Land use district designation 47 Subp. 3. Information requirements. 47 Subp.4. Dwelling unit or site density evaluation. 48 Subp. 5. Residential planned unit development density evaluation steps and design criteria48 Subp. 6. Commercial planned unit development density evaluation steps and design criteria53 6120.3900 ADMINISTRATION. 58 Subpart 1. Administration and enforcement. 58 Subp. 2. [Repealed, 13 SR 3029] 58 Subp. 3. Variances 58 Subp. 3a. Conditional uses. 59 Subp.4. Nonconformities 59 Subp.4a. Shoreland management by townships. 60 Subp. 5. Joint exercise of powers 60 Subp. 6. Notification procedures. 60 STATEMENT OF NEEDS AND REASONABLNESS 62 INDEX 119 6120.2500 DEFINITIONS. Subpart 1. Scope of terms, mandatory, distances. For the purpose of parts 6120.2500 to 6120.3900, certain terms or words used shall be interpreted as follows: the word "shall" is mandatory, not permissive. All distances, unless otherwise specified, shall be measured horizontally. Subp. la. Accessory structure or facility.. "Accessory structure" or "facility" means any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks. Subp. lb. Bluff. "Bluff" means a topographic feature such as a hill, cliff, or embankment having all of the following characteristics: A. part or all of the feature is located in a shoreland area; B. the slope rises at least 25 feet above the ordinary high water level of the waterbody; q. C. the grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and the slope must drain toward the waterbody. vl An area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff. Subp. lc. Bluff impact zone.. "Bluff impact zone" means a bluff and land located within 20 feet from the top of a bluff. Subp. 2. Boathouse. "Boathouse" means a structure designed and used solely for the storage of boats or boating equipment. 3 "Structure" means any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities. Subp. 17. Subdivision. "Subdivision" means land that is divided for the purpose of sale, rent, or lease, including planned unit development. Subp. 18. Repealed. Subp. 18a. Surface water-oriented commercial use.. "Surface water-oriented commercial use" means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas,resorts and restaurants with transient docking facilities are examples of such use. Subp. I8b. Toe of the bluff "Toe of the bluff" means the lower point of a 50-foot segment with an average slope Q7 exceeding S� 18 percent. Subp. 18c. Top of the bluff Li) "Top of the bluff" means the higher point of a 50-foot segment with an average slope exceeding 18 percent. Subp. 19. Variance. "Variance" means the same as that term is defined or described in Minnesota Statutes, ch. 394. Subp. 20. Water-oriented accessory structure or facility.. "Water-oriented accessory structure or facility" means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. 9 Triplex 600 400 500 300 200 150 Quad 750 500 625 375 250 190 Subp. 3. Placement and height of structures and facilities on lots. When more than one setback requirement applies to a site, structures and facilities must be located to meet all setbacks. The placement of structures and other facilities on all lots must be managed by shoreland controls as follows: A. Structure setbacks. The following minimum setbacks presented in the following table for each class of public waters apply to all structures, except water-oriented accessory structures and facilities that are managed according to item H: (1) Structure setback standards Ordinary high water Setback from top level setback(feet) of bluff(feet) ^/ Class Unsewered Sewered Q , Natural environment 150 150 30 Recreational development 100 75 30 General development 75 50 30 Remote river segments 200 200 30 Forested and transition river segments 150 150 30 Agricultural, urban, and tributary river segments 100 50 30 � f (2) Exceptions to structure setback standards in subitem (1). 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 provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. B. High water elevations. In addition to the setback requirements of item A, local shoreland controls must regulate placement of structures in relation to high water elevation. 3 2. Where state-approved,local flood plain management controls exist, structures must be placed at an elevation consistent with the controls. Where these controls do not exist, the elevation to which the lowest floor,including basement, is placed or flood-proofed must be determined as follows: (1) For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher. In instances where lakes have a history of extreme water level fluctuations or have no outlet capable of keeping the lake level at or below a level three feet above the ordinary high water level, local controls may require structures to be placed higher. (2)For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data are available. If data are not available,by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish the flood protection elevation. Under all three approaches, technical evaluations must be done consistent with parts 6120.5000 to 6120.6200 governing the management of flood plain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities. (3)Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this subpart if the structure is constructed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris. C. Bluff impact zones. Structures and accessory facilities, except stairways and 53� landings, must not be placed within bluff impact zones. D. Steep slopes. Local government officials must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems,roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. E. Proximity to unplatted cemeteries and significant historic sites. No structure may be placed nearer than 50 feet from the boundary of an unplatted cemetery protected under Minnesota Statutes, section 307.08, unless necessary approval is obtained from the Minnesota State Archaeologist's Office. No structure may be (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 (J slopes is not allowed. Intensive vegetation clearing outside of these areas is allowed if the d` activity is consistent with the forest management standards in subpart 8. I0 (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 (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. 1 q (8) Fill or excavated material must not be placed in bluff impact zones. t_ J (9)Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minnesota Statutes, sections 103G.245 and 103G.405. (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. (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. C. 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. STATEMENT OF NEEDS AND REASONABLNESS Table of Contents INTRODUCTION 64 NEED AND REASONABLENESS OF PROPOSED REVISIONS 66 6120.2600 POLICY 67 6120.2700 MINIMUM STANDARDS AND CRITERIA 67 6120.2800 SCOPE 67 Subp. 1. Responsibilities and authorities. 67 Subp. 2.Adoption schedule. 67 Subp. 3. Implementation flexibility 67 6120.2900 SEVERABILITY 68 6120.3000 SHORELAND MANAGEMENT CLASSIFICATION SYSTEM 68 Subp. 1. Criteria. 68 Subp.la. Classes 68 Subp. 2. Supporting data. 69 Subp. 3. Classification procedures. 70 Subp.4. Reclassification. 70 Subp.5. Modification and expansion of system. 70 6120.3100 LAND USE DISTRICTS 70 6120.3200 CRITERIA FOR LAND USE ZONING DISTRICT DESIGNATION. 70 Subp. 1. Criteria. 70 Subp. 2. Designation of zoning districts. 70 Subp. 3.Land use district descriptions 71 Subp.4. Shoreland classifications and uses;lakes. 71 6120.3300 ZONING PROVISIONS 73 Subpart 1. Purpose. 73 Subp. 2. Residential lot size. 73 Subp. 2b. Lot width standards for single, duplex,triplex and quad residential development; river classes. 78 Subp. 3. Placement and height of structures and facilities on lots. 81 $2- .83.8q? ubp.4. Shoreland Alterations 91 (o Subp 5. Placement and design of roads, driveways and parking areas. 94 �,L.q 3' Subp. 6. Exception to zoning provisions 95 Subp. 8. Forest Management Standards. 97 Subp. 9.Extractive use standards 99 Subp. 10. Standards far commercial industrial.,public, and. semipublic uses. 100 Subp. 11. Stormwater management 100 6120.3400 SANITARY PROVISIONS 102 Subp. 1. Purpose 102 Subp. 2. Water Supply. 102 Subp. 3. Sewage Treatment 102 6120.3500 SUBDIVISION PROVISIONS 105 Subp. 1. Land Suitability 105 Subp. 3. Consistency with other Controls. 105 Subp.4. Information Requirement. 106 Subp. 5.Dedications. 106 6120.3800 PLANNED UNIT DEVELOPMENT 106 Subp. 1. Scope of planned unit development. 107 Subp. 2.Land Use district designation 108 Subp. 3. Information Requirements. 108 Subp.4.Dwelling Unit or Site Density Evaluation. 108 Subp. 6. Commercial planned unit development density evaluation steps and design criteria. 110 6120.3900 ADMINISTRATION. 111 Subp. 1.Administration and enforcement 111 Subp. 2. (See Repealer). 111 Subp. 3. Variances 111 Subp. 3a. Conditional uses. 112 Subp.4. Nonconformities. 112 Subp.4a. Shoreland management by townships. 113 Subp. 5.Joint exercise of powers 113 Subp. 6. Notification procedures. 113 Rulemaking considerations of Agricultural Lands and Small Business 114 Agricultural Lands 114 Small Businesses 115 Fiscal Note 117 lot, width standards for rivers, other existing river management plans and programs as well as the existing structure setbacks for lake shoreland development were reviewed to assist in developing structure setback standards for rivers. These standards were then compared to the previously discussed management objectives (SUP#5). For Remote segments, a 200 foot setback form the Ordinary High Water Level (OHWL) is reasonable because it provides an adequate separation between the river and development, which will maintain the remote and undeveloped character for these types of segments. For Forested and Transition segments, a 150 foot OHWL setback is reasonable because development can be placed closer to the river while still achieving the objectives of recreational management and protecting wooded shoreland areas. For Agricultural,Urban and Tributary segments, the 100 foot OHWL setback is reasonable in unsewered areas because an adequate distance will remain between development and the river to enable installation or preservation and maintenance of vegetation which can intercept and filter surface water runoff from developed areas. On many transition, agricultural and tributary river and stream systems, the proposed structure setbacks will provide for a minimum of protection from the natural meandering and channel shifting characteristics of watercourses found in these areas. Additionally, for all of the above OHWL setbacks, the preservation of open space between the river and development is necessary to provide flexibility in the placement and design of on site sewage treatment facilities. Sewered areas of Remote, Forested and Transition segments are rare and it is reasonable not to reduce the OHWL setbacks, in order to maintain consistency throughout these classes and meet the previously stated management objectives. In sewered areas of Agriculture, Urban and Tributary segments an OHWL setback of 50 feet is reasonable since these areas are usually already highly developed and the preservation of open space for on site sewage treatment systems is not necessary. Further, a 50 foot OHWL setback will reasonably allow for installation or preservation and maintenance of vegetation or other facilities that can intercept precipitation and filter or reduce surface water runoff velocities in theses developed areas, thereby addressing water quality and quantity concerns. The setbacks from bluff tops for structures in all shoreland classes is needed and reasonable to protect bluff tops from adverse environmental impacts of development and construction activities. These impacts can be measured in both physical and aesthetic terms. Physically, development encroachment on bluff tops can lead to accelerated soil erosion and in some cases, slope failure. Aesthetically, development encroachment on bluff tops can compromise or eliminate the natural appearance of this topographical feature in shoreland areas.The 30 foot structure setback from the bluff top provides a minimum distance between the bluff top and the planned or proposed foundations, walls or eaves of a structure for the maneuvering of building materials during construction. Consequently, the preservation of soils can reduce or avoid erosion problems, and preservation and maintenance of vegetation can protect soils, screen development and maintain the natural appearance of bluff areas. Necessary shoreland alterations such as clearing of vegetation to accommodate structures can be conducted within the first 10 feet waterward of the bluff top setback area until the bluff impact zone is encountered, which is defined as being 20 feet from the top of the bluff and the whole bluff. (i.e., 20 feet plus 10 feet= 30 feet, the width of the bluff setback area). It is noted for clarity that the bluff impact zone is established for preservation and management of shoreland vegetation and soils, and all structural development is excluded from this zone, except for stairways, lifts and landings. (see Item I of this subpart for stairways &lifts and see Item C of this Subpart and Subp. 4 of Part 6120.3300 for additional discussion of bluff impact zones). 62 The statements of need describing the definitions relevant to the above discussion of bluff setbacks and bluff impact zones are discussed below. Subp lb. Bluff: The definition of a bluff is needed because of the new proposal to manage bluff areas in shoreland areas, as described in the Statement of Need for bluff top setbacks and bluff impact zones. The topographic features of a bluff need to be described in detail so shoreland managers, surveyors,property owners and others can have a common understanding of the conditions that constitute a bluff. These descriptions are contained in items A through D of subp. lb.The provision that a bluff slope rise at least 25 feet above the ordinary high water level was developed by the Shoreland Management Committee after a presentation by DNR staff and subsequent discussion about what the appropriate height limitation should be for these regulations. A consensus was reached that 25 feet was appropriate because areas less than 25 feet in height do not have as great a potential for significant slope erosion and failure problems. This value is supported by research indicating a strong relationship between erosion and bluff height when the bluff height is greater than 18'for historic bluff recession on Lake Ontario (1)*. Recognizing that these rules are intended for substantially smaller lake systems than Lake Ontario,the intent is not to extrapolate from that research. Instead,the Lake Ontario research is mentioned to indicate that the 25'height value as derived by shoreland committee members and based on their professional experience is realistic and reflective of documented research. Additionally,committee members agreed that shoreland topographic features of less than 25 feet in elevation are not as visually significant as those areas that are 25 feet or more above the waterbody. An average slope gradient of 300 or more to define a bluff is reasonable since slopes in this category generally begin to exhibit significant problems of erosion,mass wasting, slumping or instability if they are altered by vegetative removal and disruption or grading and filling. Communication with researchers at the University of Wisconsin(2)* indicated that on a general basis, slopes ranging from 25% to 32% are slopes that should be considered as approaching the ultimate angle of stability. In Douglas County,Wisconsin, a generalized stable slope angle of 33%has been suggested for regulatory purposes in predominantly clayey soils on Lake Superior(3)*. Several factors contribute to the stability or instability of a slope,among them the variation of the soil profile,the height of the bluff or slope, soil moisture and groundwater conditions, surface drainage and vegetation cover(4)*. Since these factors can vary significantly from site to site, an average slope gradient of 30%is reasonable and will serve to caution shoreland managers when shoreland development is proposed in bluff areas. Where soil erosion and stability are not issues, as would be the case if rack outcroppings comprise a bluff, a 30% slope combined with a 25 foot or more vertical height does constitute a prominent topographical feature that requires management to preserve the natural scenic values of shoreland areas. It is also reasonable to require that a bluff slope must drain to the waterbody, thereby excluding areas that meet the slope and height requirements of a bluff within shoreland areas, but effectively may have no potential for negative impacts on shoreland values. Finally,it is necessary to exclude from the definition of a bluff any areas that include lands that have average slopes of 18% or less for 50 feet or more between the top of the bluff and the toe of the bluff(as defined later in this document), since these areas could qualify for building sites if the ordinary high water level setback can be met. 9 3 Subp lc. Bluff Impact Zone: This definition is needed to describe the extent of the bluff impact zone; an area that is proposed to be managed for the protection of vegetation, soil and aesthetic resources within shoreland areas. It is reasonable to manage these areas to ensure that development activities will not involve significant vegetative clearing and soil disturbance or disruption of scenic vistas as viewed from the surface of a waterbody.Vegetation is important to bluff stability in four ways: it directly removes water from the soil layers;the root systems hold soil in place; vegetation softens the impact of raindrops which otherwise can jar loose soil particles; and, vegetation slows runoff and filters out suspended sediments. (4)Therefore, defining the bluff impact zone as the bluff plus 20 feet from the top of the bluff will reasonably achieve the objective of managing the bluff feature for soil and vegetation protection in shoreland areas. Subp. 18b and 18c. Toe of the Bluff and Top of the Bluff: These definitions are needed to aid in the definition and field location by shoreland managers and surveyors of the bluff and bluff impact zone as defined and discussed earlier in this document.The text of" 50-foot segment" and " an average slope exceeding 18%" were derived after detailed discussion by members of the Shoreland Committee to refine the definition of a bluff as proposed in earlier rule revision drafts. The definitions are reasonable because professional surveyors and planners (Minnesota Land Surveyors Association and Minnesota Planning Association)participating on the committee felt that these definitions in combination with the definitions for bluff and bluff impact zone will enable the accurate location and mapping of bluff features in shoreland areas for planning and development activities. *References for bluff discussion: 1. Drexhage,T. and Calkin P.E. (1981), "Historic Bluff Recession Along the Lake Ontario Coast,New York," New York Sea Grant Institute. Albany New York. 2. Personal communication with Dr.Tuncer Edil,Department of Civil and Environmental Engineering, University of Wisconsin-Madison son. Spring 1986 3. Yanggen,D.A. (1981), "Regulations to Reduce Coastal Erosion Losses",pg. 89 IN: Bluff Slumping,Proceedings of the 1982 Workshop,Romulus,Michigan,February, 1982. 4.Tainter, Suzanne P. (1982) "Bluff Slumping and Stability: A Consumer's Guide",pg. 6. Michigan Sea Grant Program, Ann Arbor,Michigan. Item B, which addresses requirements for elevation of structures to prevent flood •amag-, contains several proposed rewordings of existing requirements, a new provision for lakes with extreme water level fluctuations,and a new provision for water-oriented accessory structures. The introductory language under this item has been rewritten to make it briefer and clearer. It requires structures to elevated consistent with local flood plain ordinances where. they exist. As with the current rules, where local ordinances do not exist several approaches are presented (Subitems 1-3)for determining the appropriate structure elevation. A new phrase has been added to reference the possibility of floodproofing certain structures rather than elevating them on fill,as an introduction to the specific requirements for water-oriented accessory structures under subitem (3), as explained below. Subitem(1) has also been also been rewritten. A statement has been added to authorize local officials, when they deem it prudent, to require structures to be elevated higher than the standard elevation requirements on lakes that have a history of extreme water level fluctuations. flooding of these structures. Proposed revisions to this Item and the above-described- subitems will require boathouses and other wateroriented accessory structures to be elevated properly to prevent flood damage. Subitem(3)proposed language would allow such structures to be flood-proofed(constructed of water-resistant materials)rather than elevated on fill in appropriate circumstances. This will make such structures much more convenient to use for their intended purposes than if they were elevated several feet on fill. However,it also makes them more vulnerable to damage from ice and wind action than elevated structures, so a caution statement is also presented for situations where long-duration flooding is likely(i.e. lakes without outlets). The statement in item C regarding bluff impact zones is needed to ensure that structures or accessory facilities are not placed within the bluff impact zones. It is reasonable to exclude stairways and landings from this provision since stairways and landings are facilities needed for achieving access up and down the steeply inclined areas associated with bluff areas. (Provisions for their installation are included elsewhere in these rules.) Exclusion of all other structures and facilities from bluff impact zones is necessary because of the accelerated amount of erosion that often accompanies development here and because these areas are typically unsuited to development by nature of their steepness, soil type or because the placement of development can substantially alter the natural appearance of bluff features in shoreland areas. Not allowing development in these areas is reasonable since the natural resource values of shorelands will be protected. •• • • •• I - • _ - , apes is nee•ed to require local governments to evaluate the potential erosion impacts to shoreland areas and subsequent sedimentation and degradation of water bodies that may result from the development of steep slopes. It is reasonable to require that conditions be attached to the issuance of shoreland development permits an steep slopes if the proposed development is determined to have potential for creating soil erosion or visual impacts as viewed from the surface of the water. Additional reasons for the proposed treatment of steep slopes as a special management area is justified by review of existing county soil survey documents.These documents show that generally, steep slopes are prone to soil erosion or stability problems and care should be taken when developing in these areas. Item E is needed to ensure that development does not encroach upon unplatted cemeteries protected by Minn. Stat. Sect. 307.08. It is reasonable to require that permission to construct within 50 ft. of such sites be obtained from the State Archaeologist office since that office is responsible for comprehensive statewide management of such sites. Further, it is reasonable to prohibit the placement of structures on significant historic sites, since the construction activity and placement could adversely affect the values of the site unless and until appropriate information is collected at the site. The state Archaeology Office requested a provision of this order to ensure that future development activity will be sensitive to preserving and protecting cultural resources of this nature. In item F only two minor editorial types of changes are proposed. Item G provides provisions for the height of structures. The Shoreland Committee decided that a structure height standard should only apply within residential districts of cities, and that it should not apply to churches. The Committee also decided that, since many cities use the Minnesota State Building Code (based on the national Uniform Building Code), the protecting properties of vegetation.Vegetation also acts to visually screen shoreland development which maintains the natural values of shorelands. Subp.4 f see Repealer] Clearcuttinq: This definition is being repealed because a new definition, "Intensive Vegetation Clearing" is being substituted for "Clearcutting".The repeal of this definition is reasonable because the word'clearcutting'is a term used to describe a technical forest management practice.Private and County forest resource managers had indicated a need for the shoreland regulations to contain a different word and definition to describe and regulate the removal of shoreland vegetation,especially in non- forest management areas, since the regulations address a significant acreage of shoreland that is not being used for industrial or commercial forest management purposes. Item A is necessary to exclude agriculture and forestry from these provisions since the area is anaged in subse I uent subparts. In subitem 1,it is necessary to prohibit vegetation clearing within the bluff and shore impact zones and on steep slopes to protect the vegetation and soil resources of these areas.The existence of vegetation in these areas is important to reduce the erosive effects of falling precipitation on the soil. Vegetation can also reduce the velocities or disperse the flow of surface water runoff, which is important since high velocity or concentrated surface water runoff can readily erode soils. Vegetation in these areas will also consume and utilize nutrients that may be in runoff waters or in the soil profile which could degrade the shoreland water quality if not consumed. Additionally, vegetation root systems in these areas will assist in binding the soil column to prevent or reduce the likelihood of bank and slope failure,which further protects the fish and wildlife habitat values associated with shoreland areas. The existence of vegetation in these areas also acts to screen shoreland development activities which will protect and preserve the natural values of shoreland areas as directed by the shoreland statute. The statement of need for a "bluff impact zone" was introduced earlier during the discussion of bluff setbacks (pg. 28). The statements of need for the definitions of a "shore impact zone", and "steep slopes" are included here for completeness. Subp. 14e. Shore Impact Zone: This definition is needed to describe the area of land between the ordinary high water level and the structure setback which is proposed for managing riparian fringe vegetation, soils and to define the area appropriate for. the location of water oriented accessory structures, as defined later in this document. A shore impact zone width equivalent to 50% of the shoreland class structure setback is reasonable because sufficient land base will remain out of the zone and waterward of the structure(between the structure and the rear end of the zone) for the installation of on-site sewage treatment systems and the clearing of vegetation (if necessary or desired) around the principal structure site. For example,the shore impact zone width on lakes will range from 25 feet on sewered General Development Lake lots to 75 feet on unsewered Natural Environment Lake lots. For rivers,the zone will range from 25 feet on sewered Tributary, Urban or Agricultural segments to 100 feet on Remote river segments. These widths are reasonable since they provide a buffer strip between the waterbody and the respective structure setback line to accomplish the various management objectives for each shoreland class. For example,the zone provides a management framework for: the reduction of non-point source pollution problems (by managing vegetation and soil resources as discussed earlier); the regulation of the size, type and placement of near shore Z structures(water oriented accessory structures); and, the maintenance and preservation of shoreline vegetation for the screening of shoreland area development activities. For river segments, implementation of a shore impact zone will also protect riparian soils and stream banks from the natural meandering characteristics of channels, thereby reducing accelerated erosion, sedimentation and channel shift problems. Subp. 15b. Steep Slopes: This definition is needed to identify the areas of land where due to a variety of site specific land and soil conditions, development or agricultural activity is either not recommended or poorly suited to the area. It is reasonable to reference county soil surveys or other technical reports since these documents usually are the best sources of information concerning the capability of soils for agricultural or development activity.When these documents are not available,it is necessary and reasonable to define steep slopes as lands that are in excess of 12% slope or more, since county soil surveys and technical reports generally begin to include cautionary statements about soils capability when these conditions exist. The requirement that the slope horizontai component be 50 feet or more is based on the relationship that slope length has to soil erosion potential. Generally, the longer the slope the greater the potential for erosion.A slope length of 50 feet is necessary to exclude those areas commonly found in shoreland that may have a 12% slope or greater but only over relatively short areas with minimal potential for soil erosion. For example,ice ridges and small natural terraces or benches of land along lake or river shorelines would not be considered as steep slopes unless they are long enough to meet the above definition. It is reasonable to allow vegetation clearing outside of the previously mentioned areas if the activity is consistent with accepted forest management practices and soil erosion control practices since this is where development will take place according to the structure setback requirements for the particular shoreland area. It is also reasonable to allow limited clearing of trees and shrubs within these areas as long as it is the minimum necessary to meet the specific needs of the landowner to place the facilities or conduct the activities that are allowed in these areas. As a condition of al l.owinq vegetative alterations in the shore and bluff impact zones and on steep slopes, it is necessary to specify performance. standards and provisions to ensure that soil,vegetation,water and aesthetic resources of these areas will be properly managed. A notable benefit of the proposed rule language and arrangement is that local units of government are not required to issue written permits for vegetative alteration, thereby reducing casts to these units. Instead,landowners wishing to conduct vegetative alteration activities need only comply with the listed performance criteria, which is intended to be published in •us. .onal brochures and distri• ted local units and handed out to shoreland owners. As stated in item B it is necessary to require the issuance of local permits for the grading or filling of the topography in shore and bluff impact zones and on steep slopes that involves ten or more cubic yards of material since grading or filling of this amount of material generally has a high potential for causing negative impacts to shoreland area natural resources. Some of these impacts are sedimentation to receiving water bodies, soil deposition on adjacent properties or into wetlands, and significant erosion or soil slumping problems on steeper slopes or on highly erosive soils. The cutoff of ten cubic yards was chosen so that projects involving less than ten cubic yards would not need permits, since these activities generally have less potential for causing significant problem:. (Ten cubic yards is roughly equivalent to a standard dump truck load.) It is reasonable to require use permits for the movement of more than 50 cubic yards of material anywhere within the areas specified since this type of activity has the potential to create significant negative impacts to shoreland natural resources.This � 3 value of 50 cubic yards as a cutoff for conditional use permits is currently being used by many counties with shoreland provisions. Additionally, it is reasonable to require that the conditions contained in subitems (1) through (IO)be considered during the review of the listed uses to further protect and manage shozeland areas. (NOTE: Due to changes made at the last minute at the final shoreland committee meeting the wording of this item does not make sense. The original proposal was to require conditional use permits for grading and filling in excess of 50 cu. yds. Now that the word'conditional' has been removed,the provisions of local use permits for both a 10 and 50 cu. yd. volume are redundant.) Subitem 1 is needed to require that local officials consider the effects that grading and filling would have on the wetland types listed because these natural resource systems often play an important role in protecting shoreland areas from degradation or by providing important habitat diversity. For example, wetlands adjacent to shorelands can receive and filter surface water runoff before the waters are drained or discharged to lakes and rivers. Certain wetland types may provide spawning areas for gamefish or serve as waterfowl production areas, as well as provide nongame related habitat benefits and recreational opportunities. Therefore, it is reasonable to list the functional qualities shoreland area wetlands may have so resource managers and local officials will make decisions and recommendation based on a common set of criteria. The remaining subitems (2)through (D) are needed to clearly set forth the conditions and criteria by which grading or filling activities should be evaluated,permitted and conducted. They are reasonable because they achieve the objectives of shoreland area natural resource conservation and are also consistent with commonly accepted soil management practices.They are further reasonable since most of these conditions are currently used by zoning administrators and professional soil conservation managers. Subitems (2),(3), (4), (5)and(9) are currently in the existing shoreland regulations in slightly different text and are being retained from the reorganization of this part as mentioned earlier Subitems(6)through(8) and (10) were developed and modified through the shoreland Committee process. It is reasonable to delete the sentences of item C that are regulated by other existing statutes and rules. It is reasonable to edit the remaining text consistent with the changes in rule style made elsewhere in this rule. Subp 5. Placement and design of roads,driveways and parking areas. It is necessary to delete the existing text since the rules are being reorganized for this subpart. The first sentence of this subpart is needed because it essentially repeats in a clearer manner the objective of this subpart as compared to the preceding deleted language. It is necessary to include driveways in this subpart since their placement can have detrimental effects to shoreland areas, such as blockage of normal drainage patterns ,filling of small wetlands or depressions that temporarily store runoff or they may contribute to accelerated soil erosion problems if not properly designed and constructed.It is also reasonable to require that these facilities be planned, designed and constructed consistent with field technical guides for soil • REQUEST FOR COUNCIL ACTION DATE: 4/21/94 ITEM NO.: Department Approval: Administrator Reviewed: Agenda Section: Name Michael P. Gaffron Zoning Title Asst. Planning & Zoning Administrator Item Description: Proposed Amendment to Section 10.56 - "Top of Bluff" Definition - Ordinance Adoption List of Exhibits A - Proposed Ordinance B - DNR Approval 4/21/94 C - Memo and Exhibits of 4/12/94 This is the ordinance to amend the definition of "Top of Bluff" within the Shoreland Regulations, Section 10.56, Subd. 3. The Planning Commission held a public hearing on this matter at its April 18th meeting pursuant to proper published legal notice. The few public comments received were generally in support of the amendment. Planning Commission voted 6-0 to recommend approval of the proposed ordinance amendment. The DNR has indicated their approval of the wording per the attached letter. Staff Recommendation Staff recommends approval per the ordinance attached as Exhibit A. Proposed Motion: Moved by , seconded by , to adopt Ordinance # , 2nd Series, an ordinance amending Orono's Zoning Code Section 10.56, Subd. 3, amending the definition of "Top of Bluff". Vote: r ayes, C) nays. ch ORDINANCE NO. , SECOND SERIES AN ORDINANCE AMENDING ORONO ZONING CODE SECTION 10.56, SUBDIVISION 3, AMENDING THE DEFINITION OF "TOP OF BLUFF" THE ORONO CITY COUNCIL HEREBY ORDAINS: SECTION 1. Orono Municipal Zoning Code, Section 10.56, Subdivision 3, definition 2 "Bluff" is amended as follows: 2. "Bluff" -A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18% over a distance of 50' or more shall not be considered part of the bluff): A. Part or all of the feature is located in a shoreland area; B. The slope rises at least 25' above the Ordinary High Water Level of the water body; C. The grade of the slope from the toe of the bluff to a point 25' or more above the Ordinary High Water Level averages 30% or greater; and D. The slope must drain toward the water body. 2(a). "Toe of the bluff" "Bluff, toe of the" - The means-the lower point of a 50' segment with an average slope exceeding 18%. "Top of the bluff" means the higher point of a 50' segment with an average slope exceeding 18%. 2(b). "Bluff, top of the" - That point on the cross-section of a bluff below which the slope becomes more than 18% and above which the average slope for a distance of 50' or more is 18% or less. SECTION 2. Adoption and Publication Period. This ordinance shall be published in the Pioneer and the Laker newspapers and shall become effective immediately upon publication. Adopted by the City Council of Orono, Minnesota on this 25th day of April, 1994, by a vote of_ ayes and _ nays. Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk ��nn ��SnnTATE OF � u [l LJ�J Z -Lr , DEPARTMENT OF NATURAL RESOURCES METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 PHONE NO. 772-7910 FILE NO. April 21, 1994 Mr. Mike Gaffron City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 RE: REVISED BLUFF DEFINITION, CITY OF ORONO, HENNEPIN COUNTY Dear Mr. Gaffron: I have reviewed the proposed redefinition of "top of bluff" that you outlined in your letter of March 29, 1994 . You proposed to define the "top of bluff" as "that point on the cross-section of a bluff below which the slope becomes more than 18% and above which the average slope for a distance of 50' or more is 18% or less. " We find the proposed definition to be substantially compliant with the state shoreland management regulations and, therefore, find your proposed redefinition to be acceptable. Unless there is a substantive change in the proposed language during the public hearing process, I do not plan to comment further. Please forward a copy of the amended ordinance language, and the effective date, after the city adopts the amended definition. Please contact me at 772-7910 should you have further questions regarding this matter. Sincerely, Ceil Strauss Area Hydrologist c: Ed Fick, Shoreland Hydrologist City of Orono Shoreland file RECEIVED APR 2 5 1994 CITY OF ORONO AN EQUAL OPPORTUNITY EMPLOYER STATE OF DEPARTMENT OF NATURAL RESOURCES TRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 PHONE NO 772-7910 FILE NO. April 21, 1994 Mr. Mike Gaffron City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 RE: REVISED BLUFF DEFINITION, CITY OF ORONO, HENNEPIN COUNTY Dear Mr. Gaffron: I have reviewed the proposed redefinition of "top of bluff" that you outlined in your letter of March 29 , 1994 . You proposed to define the "top of bluff" as "that point on the cross-section of a bluff below which the slope becomes more than 18% and above which the average slope for a distance of 50' or more is 18% or less. " We find the proposed definition to be substantially compliant with the state shoreland management regulations and, therefore, find your proposed redefinition to be acceptable. Unless there is a substantive change in the proposed language during the public hearing process, I do not plan to comment further. Please forward a copy of the amended ordinance language, and the effective date, after the city adopts the amended definition. Please contact me at 772-7910 should you have further questions regarding this matter. Sincerely, CL,9 Ceil Strauss Area Hydrologist c: Ed Fick, Shoreland Hydrologist City of Orono Shoreland file AN EQUAL OPPORTUNITY EMPLOYER TO: Planning Commission Members Ron Moorse, City Administrator FROM: Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE: April 12, 1994 SUBJECT: Proposed Amendment - "Top of Bluff" Definition - Public Hearing List of Exhibits A - Proposed Ordinance B - 3/29/94 Letter to DNR C - Memo and Exhibits of 3/24/94 This is a public hearing to consider a proposed amendment to the definition of "top of bluff". The current definition is as follows: "Top of the bluff" means the higher point of a 50' segment with an average slope exceeding 18%. The proposed definition is: "Top of the bluff" means that point on the cross section of a bluff below which the slope becomes more than 18% and above which the average slope for a distance of 50' or more is 18% or less. The reasons and rationale for this proposed amendment are contained in the March 29, 1994 letter to Ceil Strauss of the DNR, and in the memo and exhibits to Council of March 24, 1994. Briefly, the definition of "top of bluff" is used for determining the point at which bluff protection setbacks are measured. The current definition can result in a setback of up to 70'-80' from what a rational person would consider the "top" or shoulder of the bluff. The DNR suggested a "common sense definition" which staff rejects on the basis that it is quite subjective and not defensible. The proposed definition developed by staff uses 18% slope as the break point between land that is bluff and that which is not a bluff. Staff Recommendation Please review the attached exhibits. Staff recommends approval of the proposed definition amendment. ch ' . / ,9L/ 7 = ra E<tc_c��a,,h�Y,.�:�. ��3e6wAt- Fk' (0 r::_ � CITY of ORONO Municipal Offices \v' 0 Street Address: Mailing Address: �E3H� 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 March 29, 1994 Ceil Strauss Minnesota Department of Natural Resources Metro Waters 1200 Warner Road St. Paul, MN 55106 RE: Bluff Definition Dear Ms. Strauss: We have reviewed your alternative version (or "common sense" version) of the toe and top of bluff definitions which you forwarded in your February 18, 1994 letter. While the "common sense" definitions may have their place, we doubt they are defensible in court if a resident was to disagree with the inspector's determination. Further, because the "top of bluff" is a critical element in determining a line from which to measure a setback, that line must be so defined such that anyone armed with a topographic survey will consistently define the same line as anyone else with the same information. The technical definition for "top of bluff" solves these problems, but creates another. While the intent of the code suggested by your common sense definition places "top of the bluff" at the obvious break in slope where a steep drop-off occurs, the technical definition for that same situation defines "top of bluff" at a point nearly 50' back from the obvious break. Adding the required 30' setback, a structure could be as much as 75-80' back from the obvious top, clearly not the DNR's intent (wish, perhaps, but not intent!). The definitions of "toe" and "top" do not necessarily have to use complementary definitions, since they are defined for two different purposes. "Toe of the bluff" is used merely to determine whether a bluff exists. "Top of the bluff" is used solely to determine the point from which setbacks are measured. Clearly, the definition of "top of bluff" has a greater concern to the homeowner. Additionally, the impacts we are concerned about are generally within or just above the bluff, not so much at the base (where the results of protection or non-protection of the bluff eventually manifest themselves). Telephone (612) 473-7357 • FAX 473-0510 Ceil Strauss March 29, 1994 Page 2 Proposed Redefinition of "Top of Bluff" The following facts and premises seem critical to us in the discussion of bluffs: • "Steep slopes" are those exceeding 12%. • DNR has chosen 30% as the slope that defines a bluff. • DNR has chosen a 50' segment of slope less than 18% as not being part of a bluff, and has used slopes of 18% or more for 50' segments that define the lower and upper points of a bluff. • Clearly, DNR feels that 18% is a key slope percentage, above which we should be concerned about the impacts of very steep slopes, as opposed to those steep slopes of 12-18% which are of somewhat lesser concern. We propose to redefine the "top of bluff" as "that point on the cross-section of a bluff below which the slope becomes more than 18% and above which the average slope for a distance of 50' or more is 18% or less". This 18% "breakpoint" can be easily defined using standard 2' contour topographic maps which the City has readily available. Actual field topographic survey work by an applicant's licensed surveyor would also be accepted. The intent of having slope average 18% or less for distance of 50' is consistent with the exception for buildable area in a mid-bluff setting already in the DNR regulations. While the proposed definition may ultimately be found to have its flaws, we feel that it meets the DNR's intent for bluff protection, results in a more consistent and reproducible "top of bluff" determination, and yields a quantifiable facsimile of the "common sense" definition. We would appreciate if you could give this definition your consideration, and advise us if you find it acceptable. This revision is scheduled for a public hearing at the April 18 Planning Commission meeting. As always, please contact me at 473-7357 if you have questions. Sincerely, Michael P. Gaffron Assistant Planning & Zoning Administrator MPG/lsv cc: Jeanne A. Mabusth, Building & Zoning Administrator Ron Moorse, City Administrator REQUEST FOR COUNCIL ACTION DATE: March 24, 1994 ITEM NO.: Department Approval: Administrator Reviewed: Agenda Section: Name Michael P. Gaffron Zoning Title Assistant Planning & Zoning Administrator Item Description: Bluff Issues - Request to DNR List of Exhibits A - Proposed Letter to DNR B - Five Sketches Defining Bluff Issues C - "Bluff" Sections of Shoreland Ordinance D - DNR Letter 2-18-94 Administering the bluff protection regulations of the Shoreland Ordinance is proving to be challenging. Over the winter, staff took a closer look at the actual language which DNR drafted and which we adopted as they required. We have had numerous discussions with DNR staff in the last two months regarding the intent of their rules as well as applying their definitions to real life situations. In implementing the bluff protection regulations as currently written, staff has found that the current definition of"top of bluff" can result in structural setbacks that are much greater than needed for the protection of the bluff. This can have a substantial impact on the buildability of a lot. In response to concerns raised by staff, the DNR has suggested using a "common sense" definition of"top of bluff" vs. the "technical" definition currently in the regulations (see sketches 2 and 3). But the "common sense" location often varies with the eye of the beholder, and may not be defensible if an applicant disagrees with the inspector's determination. The ct„ached draft letter to DNR addresses the specific issue of defining "top of bluff". Preliminary indications are that they will accept our revised definition. We think this will allow a consistent and fair determination of the point from which to measure the 30' structural setback from "top of bluff". It is not unreasonable to protect our bluffs, as we learned from the amount of damage caused by the 1987 super-storm. However, one additional potential issue not addressed in the attached letter is how to deal with additions to existing structures that currently don't meet bluff protection requirements. Staff is considering how these might be addressed through performance standards rather than the variance procedure, and will advise Council when we formulate something we think might be workable. Unless Council directs otherwise, staff will forward the attached letter to DNR and await their response. lsv k 0, -r 4.. , >1 1- 1 1 — ---t— 1 ; c‘z.1 .._ , ,0 i ,i I ct til -----.7,-- O 0 , ✓ rvi — C\' a I E---. ' 4,.. -- k —1-4 VI ;:;____ -..iLi 7° ___... < 4-- v.‘; /1 /-(7) ... .., ' ' al kA, f I j A 1__ '---i- v\---- NVNI\ - g `4i., -.4t, o ____ , ...lb--kr — v ‘.1. a tA g kil vi .,\AI ...; c„,4______ 1.1 4... , ..., -x. .. 1 ...,,. Pk- ,. . . r, , ... : _ ___ Vi$ - . 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N- /11111t 1111111111.11 2 $#. ,n ' oa o I a � p 3 J Will c0 Ii 4;. 21111111111r- 4 Vo Hrow_____tz f2.)__ 13 t'.2 `i z y „k °‘ lail..- i I i 0 I S-. .wiwingr i I t-r-L-----'' /y . o i - C>. 711W! —: — % 0 11 Ca V5— z = 0 v R• 2. 0kii), gi' - 2 ' S ,, t747• _o bell-i--1-: 1- t\ z y t 3 `r1 zt M 1 —0 c. * :, '"---' 0YI . t1 ct_ h —AcA--t O r .4- 4 p. r_ rI M N y 0 43 0 I- '4 A , , ,i <4 2 - � "ap ,_-___ _4- --f-. 1 ,. , ' 11 .-ci "--' i ____, \ If 4 - ' —X— < OA . 4., O ,_ \ g 0 __,\: 0 `^_yt SSC . f 0•Eto Sklo 2.T7.- O'M, — X ccT2P Y---e P-e-72-r-A 1 N 1 N C., `` fa L.1.4 FFS�� 0 94. Subd. •' 3. Definitions. 644`-) ``S.reP CydP —..:la) 2. "Bluff" A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18% over a distance of 50' or more shall not be considered part of the bluff): A.. Part or all of the feature is located in a shoreland area; B. The slope rises at least 25' above the Ordinary High Water Level of the water body; C. The grade of the slope from the toe of the bluff to a point 25' or more above the Ordinary High Water Level averages 30% or greater; and D. The slope must drain toward the water body. "Toe of the bluff" means the lower point of a 50' segment with an average slope exceeding 18%. "Top of the bluff" means the higher point of a 50' segment with an average slope exceeding 18%. 3. "Bluff Impact Zone" - A bluff and land located within 20 ' from the top of a -bluff. MUST B& R-eVI SC34. it, I 26. "Steep Slope" - Lands having average slopes of 412) or greater as measured over horizontal distances of 50' or more, that are not bluffs. ailk . . . _ . , 9 • - T } • • _ a Di st .: andard . The Shoreland Over ay pis ric an•ar•s are in a• •i ion o the requirements set forth in Chapter 10 for the various zoning districts. In case of conflict, the most restrictive provision applies. C. Placement of Structures on Lots. When more than one setbacpplies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows: 2. Additional structure setbacks. The . following additional- structure setbacks apply, regardless of the classification of the water body: .Setback from: Setback (in feet) - Top of bluff 30 3. Bluff impact zones. Structures. ' alrid accessory facilities, except stairways, landings, and lock boxes, oust not be placed within bluff impact zones. G. Steep Slopes. Any applicant requesting a permit for co^truction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes, shall . provide adequate information to allow the City to evaluate possible soil erosion impacts and development of visibility from public waters before such permit may be issued. When determined necessary, conditions shall be attached to issued permits to prevent erosion and preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. f F rfn� I. Vegetation Alterations. acid Awa b\V,'1�CS MEM 2. Intensive vegetati n clearing within 75 feet of the shoreline and on steep slopes within the Shoreland Overlay District is prohibited. Limited clearing of shrubs and trees less than 6 inches in diameter and cutting; pruning and trimming of trees of any size is allowed to provide a view to the water from the principal dwelling site and to accomodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lock boxes, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. J. Topographic Alterations/Grading and Filling. 5 . 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: g. 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% or greater; h. Fill or excavated material must not be placed in bluff impact zones; C) N. Agricultural Use Standards. 1. When permitted in the underlying zoning district, general cultivation farming, grazing, nurseries, horticulture, truck farming, and wild crop harvesting shall be allowed in the Shoreland Overlay District except that no such activity shall occur within the shore setback zone nor on steep slopes or bluff impact zones. Steep slopes, shore setback zone and bluff impact zones shall be maintained in permanent vegetation. 2. Animal feedlotsmust meet the following standards: . a. New feedlots, if permitted, must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the Ordinary High Water' Level of all public waters basins; and b. Modifications or expansions to existing feedlots that are located within 300 feet of the Ordinary High Water Level or within a bluff impact zone are allowed if they do not further encroach into the existing Ordinary High Water Level setback or encroach on bluff impact zones. Subd. 17. NonconformitieG. All legally established * onconformities as or the crate of this ordinance may continue subject to applicable State Statutes and as regulated elsewhere in the Orono Municipal Code. In shoreland areas, the following standards shall also apply: B. Additions/Expansions to Nonconforming Structures. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet .the setback, height, and other requirements set forth in the Orono Zoning Code. Any deviation from these requirements must be authorized by a variance pursuant to provisions of the zoning chapter. Subd. 18. Subdivision/Platting Provisions. • C. Information Requirements . Sufficient information must be submitted by the applicant for the City to make a determination of land suitability. In addition to information required by other provisions of the Zoning and Platting Codes, the. following information shall also be submitted: 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. STATE OF r aAS©TQ DEPARTMENT OF NATURAL RESOURCES METRO WATERS - 1200 WARNER ROAD, ST. 1C• , c'R F 55 q"S. PHONE NO. 772-7910 jij umo L N0. L, February 18 , 1994 FEB 2 3 1994 Ms. Jeanne Mabusth City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 RE: BLUFF DEFINITION, CITY OF ORONO, HENNEPIN COUNTY Dear Ms. Mabusth: After discussion with Bruce, of your office, we realized that Orono had not incorporated the alternative version (or "common sense" version) of the toe and top of bluff definitions in its existing ordinance. I am enclosing alternative language that the DNR - Division of Waters developed after the field staff (including me) complained of problems with administering the original definition. I recommend that this alternative language be added to your list of housekeeping and clarification amendments. Please contact me at 772-7910 should you have further questions regarding this matter. Sincerely, CJ --;TJ Ceil Strauss Area Hydrologist Enclosure AN EQUAL OPPORTUNITY EMPLOYER "Top of Bluff" and "Toe of Bluff" DEFINITIONS May 15, 1991 The Land Use Committee in its May 15, 1991, meeting discussed and agreed on the following definitions drafted by the shoreland management staff: 1. Top of the Bluff. "Top of the bluff" means the point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from steeper to gentler slope above. If no break in the slope is apparent, _the top of bluff shall be determined to be the upper end of a 50-foot segment, measured on the ground, with an average slope exceeding 18 percent. 2. Toe of the Bluff. "Toe of the bluff" means the point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from gentler to steeper slope above. 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I I 1 i ! 1 1 I i I j I I I Y I I 1 1 1 i i., 1 •i1 1 I i 1 I 4 I 1 • 1 i I 4 ! 1 1 Ii 1 ! 11 .1 ' ' I i' 1 1 I ; I , i I ; I , s w 1 w w '. ° s .4 ' 6 . `'a –a ..a ' -s 1 41 "4 1 4 +s • 1 i i 1 ' r v p � j � .c �, � ,I Stabilizing Your Shoreline to Prevent Erosion Page 1 of 6 UNIVERSITY OF MINNESOTA EXTENSION WW-06946 Reviewed 2008 • „mfr -_, Az...---,e, ' Stabilizing Your Shoreline to Prevent Erosion i ,,1 — `�'�� Shoreland Best Management Practices our..►z- Number 7 of 18 in the Series waters What Are Shoreland BMPs? Best Management Practices (BMPs) are actions you can take to reduce your impact on the environment. BMPs have been described for agriculture, forest management, and construction. This fact sheet describes BMPs you can adopt on your shoreland property to help protect and preserve water quality. In many cases, the best management for shorelands may be retaining the natural characteristics of your property. Recognizing Erosion Problems With more shoreline than California, Florida, and Hawaii combined, Minnesota is bound to have areas where shoreland erosion is a problem. It is obvious that wave-pounded properties lose soil and ultimately their value. What is not as obvious is that this erosion process can be accelerated or slowed by the practices you adopt, and that sediment going into the lake or river is a pollutant. Erosion is a natural process and, therefore, some sediment does end up in surface water. Clearing shoreland vegetation and beach rocks, and increasing runoff to the shore will accelerate shoreland erosion. Bluff Stabilization Increased runoff is especially detrimental to high bluffs (Figure 1). Slumping of waterfront bluffs results from unstable soil, usually because surface or ground water is reaching the bluff. On lakes, waves can erode supporting soil at the bottom of the bluff and cause slumping. Along river bluffs, river currents may erode the in support g soil. Addition d weigh clone to the BLUFF STABILITY edge of the tl Wf(house, DEPENDS ON swimming room.; MANY MANY FACTORS CI- c° dm�mwardforce SAND Addition d water from surface runoff aseptic system decreases internal strength of duff CLAY SAND Removal of material Iran toe of bluff by wave erosi ai amen .p < decreases duff support .'GLACIAL TILL 'y4 . ,,se Figure 1: Factors that can make bluffs unstable. Erosion of higher shoreline bluff areas can be prevented by: http://www.extension.umn.edu/distribution/naturalresources/components/DD6946g.html 4/4/2012 Stabilizing Your Shoreline to Prevent Erosion Page 2 of 6 retaining moisture-absorbing vegetation on the bluff outletting rain gutters and diverting surface runoff away from the bluff reducing runoff rate toward the bluff minimizing paved areas that increase runoff limiting ground water flow toward the bluff installing septic systems and drainfields away from the bluff avoiding additional weight on the bluff edge, such as pools, buildings, or storage sheds On property with steepslopes or bluffs, reducingthe amount of water reaching the bluff will help with p p Y stabilization. If diverting water away from the bluff is impractical, it should be routed through a nonperforated plastic drain pipe that outlets at the very bottom of the bluff. Rock should be placed around the outlet to prevent erosion at the bottom of the drain. Surface water and some ground water can be intercepted before it reaches the bluff by installing a "French drain" (Figure 2). KLPF KOCH Oran+ '.. Onsur,ay ky adds a tiaiGsr) GRAML�aKM PACSFILTILLI 5m nu GIILyVI Q�ry , rnernI.AT RPE •�_ real. - Figure 2: French drains intercept surface water and increase soil stability. Deeper drains will intercept more ground water, but shallower drains are effective also and may cause less disturbance on the bluff. The maximum depth for French drains is 15 to 20 feet. A French drain is a narrow trench set back from, but parallel to, the top of the bluff and filled with free- draining sand or gravel. A perforated, corrugated plastic pipe at the bottom collects water and should drain away from the bluff. The entire perforated length of pipe must be wrapped with fabric or a filter sock. Installing deeper drains will intercept more ground water and provide better protection for the bluff. No additional weight such as a building, garage slab, or vehicle should be placed near the top of the bluff. Septic systems and swimming pools are especially inappropriate near the top of a bluff because they add weight and water. For most property that slopes toward water, leaving the natural shoreland undisturbed is often the best and least expensive protection against erosion. A filter strip of thriving vegetation on and near the shore binds the soil and minimizes soil loss from surface runoff and waves, and from use by people (Figure 3). Existing vegetation can be enhanced by planting woody or aquatic plants. http://www.extension.umn.edu/di stribution/naturalresources/components/DD6946g.html 4/4/2012 Stabilizing Your Shoreline to Prevent Erosion Page 3 of 6 swim./roded gess es Vegetation removes water may pr aideafavarable from Mdfareasthrough habitatfmtheestadish- uptake end Nara piration merit of deeper rocked shrubs and tress r:l 'r r4 1 1 y Vege�tion slows r,S a runofF endacts as a fil ter t o caOc h •O sedment Rods hold sdl particles in place while BEACH deeper rods d woody veg dab on prevent oh pping d sal layers Figure 3: Well-established vegetation on the shore stabilizes the soil and helps remove water. Natural shoreline features provide natural protection. While swimmers may not enjoy walking on cobblestones, and an ice-pushed ridge may block some of the view from your lawn chair, these features help "nourish" your beach by reducing erosion and trapping sand. Even driftwood absorbs a certain amount of wave energy that otherwise erodes soil. Shore Protection Regardless of the natural protection on your shore, the right combination of conditions (such as high lake level and wind direction) can result in a severe wave pounding, and shoreland soil may need additional protection. Placement of large rock, usually referred to as rip-rap, is the preferred and most common form of shore protection (see Figure 4). Technical methods are available to determine rock size, placement geometry, and elevations to ensure the best protection. Your county Soil and Water Conservation District (SWCD), the MN Board of Water and Soil Resources (BWSR), and the federal Natural Resources Conservation Service (NRCS) can provide technical assistance. OVERTOPPING ppRR Of shorolina�is often owrtoppad b 'MOH LAY BR storm•a - (graded rock rip-rap) -.f•�^.l ++a 3 (typical slope) MHW "..14,711;ta...ag7 %.y I TOE �dLW G EOT EXT I LE FA BRIC 't" "� � PROTECTION AND/OR �!''t�`t:.nn^rir4�p�•�wfa •: GRADED STONE . •.: +v�fr�r ,,)) ^am; .rr ,; . FILTER v:V. Figure 4: Proper rip-rap placement (MHW=mean high water, MLW=mean low water). The above agencies will also have information on other types or remedies that may be appropriate for your particular situation. Potential shore protection alternatives include: bulkheads (retaining walls) gabions (rock-filled wire baskets) articulating blocks (cable-connected concrete blocks) Geoweb matrix (thick, open-cell plastic grid) A few of the alternatives can be placed by hand. Some other alternatives, such as railroad ties, are often tried but rarely work. If you have your own idea for a solution, you should seek technical advice first. If rip-rap is used, crushed or blasted rock locks together better than rounded boulders, but can be very expensive unless it is readily available. http://www.extension.umn.edu/distribution/naturalresources/components/DD6946g.html 4/4/2012 Stabilizing Your Shoreline to Prevent Erosion Page 4 of 6 Geotextile fabric is usually placed beneath the rock rip-rap to prevent soil loss through the rip-rap openings. It is easy to place and provides an excellent filter barrier (Figure 4). In order to prevent punctures, plenty of slack should be provided over protruding objects that cannot be removed. A layer of sand or fine gravel can be placed on the fabric for extra protection against puncture. Enough fabric should be laid out so that the rip -rap pP rY eri he can be "wrapped" by bringing the fabric up and back down into the rip-rap. This will help hold the rip-rap together as one structural unit. Keep in mind that sunlight will degrade exposed fabric. As an alternative to the fabric, a graded filter layer can be used beneath rip-rap to prevent soil loss through the rip- rap openings. Sufficient rock must be placed at the base of the rip-rap for toe protection. Excavated toe material must be removed from the lakebed and placed in a non-wetland area. Costs The price of rip-rap placement depends on local contractors, distance to the nearest rock source, and access to the project site. It also depends on how much other work, such as clearing or earthwork, is required. If you are planning to start a project in the mid-to late-1990s, you should expect to pay $40-75 per shoreline foot for inland lake shorelines and $100-175, or more, per foot for Lake Superior shoreline protection. Inquire at the county SWCD office about cost-share assistance. A project cost can also be estimated by calling earthwork contractors in your area. A big savings can be realized if you can install these items yourself. If you want to stabilize a slumping bluff, find out about soil types and ground water level. The record from when your well was drilled may be a good information source and can be obtained from the state or county health department or from your well driller. Contact your county SWCD for information on soils. Effective bluff stabilization will require technical assistance. Request an engineer from the BWSR, SWCD, or NRCS to inspect your site, or consider hiring a geotechnical engineering firm to take soil borings, analyze soil properties, and recommend a remedy. Most private consulting firms can drill 100 feet a day and charge $1,000 a day. For a small site, drilling, analysis, and a recommendation will cost about $2,000 (1996). Regulations that Apply All erosion protection projects that alter the lake- or riverbed require a protected waters permit from the Department of Natural Resources (DNR). Contact the DNR Area Hydrologist for permit guidelines, which other agencies might require a permit, and for assistance in planning your erosion prevention project. Some rip-rap projects may not need a permit. For those projects requiring a permit, the fee is $75 (1996). Permit fees for projects other than rip-rap are a minimum of$75 (1996). For More Information... call county offices: University of Minnesota Extension Service Soil and Water Conservation District (SWCD) Planning and Zoning Department regional offices of MN State agencies: MN Board of Water and Soil Resources (BWSR) MN Department of Natural Resources (DNR)(Area Hydrologist) http://www.extension.umn.edu/distribution/naturalresources/components/DD6946g.html 4/4/2012 Stabilizing Your Shoreline to Prevent Erosion Page 5 of 6 federal agencies: Natural Resources Conservation Service (NRCS) U.S. Army Corps of Engineers (USACoE) read Streambank Erosion...Gainin a Greater understanding. Available from DNR. Rip-Rap Shore and Streambank Erosion Brochure. Available from DNR. Low Cost Shore Protection...a Property Owner's Guide. U.S. Army Corps of Engineers Part of a series. . . This fact sheet is one of a series designed to assist shoreland property owners in protecting and preserving water quality. The series includes: Understanding Shoreland BMPs Maintaining Your Shoreland Septic System Installing a Shoreland Septic System Ensuring a Safe Water Supply Limiting Impact of Recreation on Water Quality Developing Shoreland Landscapes and Construction Activities Stabilizing Your Shoreline to Prevent Erosion Minimizing Runoff from Shoreland Property Caring for Shoreland Lawns and Gardens Managing Your Shoreland Woodlot Valuing Your Shoreland Trees Preserving Wetlands Managing Crops and Animals Near Shorelands Reducing the Use of Hazardous Household Products Preventing the Introduction of Exotic Species Accessing Information to Protect Water Quality Shoreland Stewardship Scorecard Conserving Water Property Management System form Septic System Information form This series of fact sheets is a cooperative effort of the following agencies: University of Minnesota Extension Service, University of Minnesota College of Natural Resources, University of Minnesota Water Plan Coordinators of the Arrowhead counties Minnesota Board of Water and Soil Resources Minnesota Department of Health Minnesota Department of Natural Resources, Division of Fish and Wildlife, Division of Waters, Division of Forestry Minnesota Pollution Control Agency Minnesota Sea Grant Extension Program Mississippi Headwaters Board St. Louis County Health Department, Environmental Services Division http://www.extension.umn.edu/distribution/naturalresources/components/DD6946g.html 4/4/2012 Stabilizing Your Shoreline to Prevent Erosion Page 6 of 6 Soil and Water Conservation Districts of the Arrowhead counties Natural Resources Conservation Services Environmental Protection Agency Western Lake Superior Sanitary District These publications may be photocopied for local distribution. The addition of commercial names, products, or identifiers is not permitted. please do not add or delete any text material without contacting: You may add information about contact persons or regulations specific to your county, region, or lake association. University of Minnesota Extension Store St Paul, MN 55108-6069 612-625-8173 Produced by the Arrowhead Water Quality Team, a cooperative effort of Carlton, Cook, Itasca, Koochiching, Lake, and St. Louis counties and state and federal agencies. All publicly funded agencies involved are committed to equal opportunity education, service, and employment. Next Section: #8 Minimizing Runoff from Shoreland Property Home In accordance with the Americans with Disabilities Act, this material is available in alternative formats upon request. Please contact your University of Minnesota Extension office or the Extension Store at(800)876-8636. ©2012 Regents of the University of Minnesota.All rights reserved. The University of Minnesota is an equal opportunity educator and employer http://www.extension.umn.edu/di stribution/naturalresources/components/DD6946g.html 4/4/2012