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City Council Ordinance 51CHAPTER 27 ORDINANCE FOR THE MANAGEMENT OF THE MISSISSIPPI WILD, SCENIC, AND RECREATIONAL RIVER SYSTEM AND THE SHORELAND AREAS OF THE CITY OF MONTICELLO SECTION: 10-27-1: GENERAL PROVISIONS 10-27-2: DESIGNATION OF TYPES OF LAND USE 10-27-I: GENERAL PROVISIONS A. STATUTORY AUTHORIZATION. THIS SHORELAND MANAGEMENT ORDINANCE IS ADOPTED PURSUANT TO THE AUTHORIZATION CONTAINED IN THE LAWS OF MINNESOTA 1973, CHAPTER 379, 272, AND IN FURTHERANCE OF THE POLICIES DECLARED IN MINNESOTA STATUTES 1976, CHAPTERS 104, 1055, 1155, 116, AND 462 AND MINNESOTA REGULATIONS NR 78-81, RULES AND REGULATIONS FOR WILD, SCENIC, AND RECREATIONAL RIVERS, NR 82-84, RULES AND REGULATIONS FOR THE MANAGEMENT OF SHORELAND AREAS WITHIN MUNICIPALITIES, AND NR 2400-2420, RULES AND REGULATIONS RELATING TO THE DESIGNATION, CLASSIFICATION AND MANAGEMENT OF THE MISSISSIPPI RIVER IN STEARNS, SHERBURNE, WRIGHT, ANOKA AND HENNEPIN COUNTIES. B. POLICY, THE UNCONTROLLED USE OF SHORELANDS OF THE CITY OF MONTICELLO AFFECTS THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE NOT ONLY BY CONTRIBUTING TO POLLUTION OF PUBLIC WATERS, BUT ALSO BY IMPAIRING THE LOCAL TAX BASE, THEREFORE, IT IS IN THE BEST IN- TERESTS OF THE PUBLIC HEALTH, SAFETY AND WELFARE TO PROVIDE FOR THE WISE DEVELOPMENT OF SHORELANDS OF PUBLIC WATERS. THE LEGISLATURE OF MINNESOTA HAS DELEGATED RESPONSI- BILITY TO THE MUNICIPALITIES OF THE STATE TO REGULATE THE SUBDIVISION, USE, AND DEVELOP- MENT OF THE SHORELANDS OF PUBLIC WATERS AND THUS PRESERVE AND ENHANCE THE QUALITY OF SURFACE WATERS, PRESERVE THE ECONOMIC AND NATURAL ENVIRONMENTAL VALUES OF SHORELANDS, AND PROVIDE FOR THE WISE UTILIZATION OF WATERS AND RELATED RESOURCES. THIS RESPON- SIBILITY IS HEREBY RECOGNIZED BY THE CITY OF MONTICELLO. IT IS IN THE INTEREST OF PRESENT AND FUTURE GENERATIONS TO PRESERVE AND PROTECT THE OUTSTANDING SCENIC, RECREATIONAL, NATURAL, HISTORICAL, AND SCIENTIFIC VALUES OF THE MISSISSIPPI RIVER AND ITS ADJACENT LANDS. ACCORDINGLY, THE COMMISSIONER OF NATURAL RESOURCES PROVIDES STANDARDS AND CRITERIA FOR THE PRESERVATION, PROTECTION, AND MANAGEMENT OF THE MISSISSIPPI RIVER AS AUTHORIZED BY THE LAWS OF MINNESOTA 1973, CHAPTER 271, AND MINNESOTA REGULATIONS NR 78-81 AND NR 21+00-2420. C. STATEMENT OF PURPOSE. TO ACHIEVE THE POLICIES DESCRIBED IN SECTION B AND TO: 1. DESIGNATE SUITABLE LAND USE ZONING DISTRICTS COMPATIBLE WITH THE SHORELAND MANAGEMENT CLASSIFICATION AND CONSISTENT WITH NR 2+00-2+20. 2. REGULATE THE MINIMUM DIMENSIONS FOR THE SIZE AND LENGTH OF WATER FRONTAGE OF LOTS SUITABLE FOR BUILDING SITES. t3. REGULATE THE PLACEMENT OF STRUCTURES IN RELATION TO SHORELINES AND ROADS. 4. REGULATE THE AMOUNT OF IMPERVIOUS SURFACE ALLOWED ON EACH LOT. 5. REGULATE THE TYPE OF PLACEMENT OF SANITARY AND WASTE DISPOSAL FACILITIES. 6. REGULATE ALTERATION OF THE NATURAL SHORELANDS VEGETATION AND TOPOGRAPHY. 7. REGULATE PLACEMENT OF ROADS AND PARKING AREAS. U. REGULATE THE SUBDIVISION OF LAND. 9. REGULATE THE LOCATION OF UTILITY TRANSMISSION CROSSINGS OF SHORELANDS. 10. REGULATE THE CONSTRUCTION OR RECONSTRUCTION OF PUBLIC ROADS IN SHORELAND AREAS. It. PROVIDE FOR THE ENFORCEMENT AND ADMINISTRATION OF MUNICIPAL SHORELAND MANAGEMENT ORDINANCES AND MANAGEMENT OF THE RECREATIONAL RIVER ORDINANCES WITHIN THE CITY OF MONTICELLO. 10-27-1 10-27-1 D. JURISDICTION. THE JURISDICTION OF THIS ORDINANCE SHALL INCLUDE THE SHORELANDS OF ALL PUBLIC WATERS IN THE CITY OF MONTICELLO AS DEPICTED ON THE OFFICIAL ZONING MAP OF THE CITY OF MONTICELLO AND THE RECREATIONAL RIVER LAND USE DISTRICT AS DESCRIBED IN NR 2420. E. COMPLIANCE. THE USE OF ANY SHORELAND OF PUBLIC WATERS; THE SIZE AND SHAPE OF LOTS; THE USE, SIZE, TYPE, AND LOCATION OF STRUCTURES ON LOTS; THE INSTALLATION AND MAINTENANCE OF WATER SUPPLY AND WASTE DISPOSAL FACILITIES; THE FILLING, GRADING, LAGOONING, OR DREDGING OF ANY SHORELAND AREA; THE CUTTING OF SHORELAND VEGETATION; AND THE SUBDIVISION OF LOTS SHALL BE IN FULL COMPLIANCE WITH THE TERMS OF THIS ORDINANCE AND OTHER APPLICABLE REGULATIONS. CONSTRUCTION OF BUILDINGS, PRIVATE WATER SUPPLY, AND SEWAGE DISPOSAL SYSTEMS AND ERECTION OF SIGNS SHALL REQUIRE A PERMIT UNLESS OTHERWISE EXPRESSLY EXCLUDED BY THE REQUIREMENTS OF THIS ORDINANCE. F. ABROGATION AND GREATER RESTRICTION. I. THE PROVISIONS OF THE EXISTING ZONING ORDINANCE AND ZONING MAP OF THE CITY OF MONTICELLO, MINNESOTA DATED JULY 28, 1975, AND HEREBY INCORPORATED BY REFERENCE AND SHALL BE MADE AS MUCH A PART OF THIS ORDINANCE AS IF THE MATTER DESCRIBED WERE FULLY SET OUT HEREIN. 2. IT IS NOT OTHERWISE INTENDED BY THIS OVERLAY ORDINANCE TO REPEAL, ABROGATE, OR IMPAIR ANY EXISTING DEED RESTRICTIONS OR ORDINANCES OTHER THAN ZONING TO THE EXTENT SPECIFIED IN SECTION F OF THIS ORDINANCE; HOWEVER, WHERE THIS ORDINANCE IMPOSES GREATER RESTRICTIONS, THE PROVISIONS OF THIS ORDINANCE SHALL PREVAIL. G. INTERPRETATION. IN THEIR INTERPRETATION AND APPLICATION, THE PROVISIONS OF THIS ORDINANCE SHALL BE HELD TO BE MINIMUM REQUIREMENTS AND SHALL BE LIBERALLY CONSTRUED IN FAVOR OF THE CITY AND SHALL NOT BE DEEMED A LIMITATION OR REPEAL OF ANY OTHER POWERS GRANTED BY MINNESOTA STATUTES. H. SEVERABILITY. THE PROVISIONS OF THIS ORDINANCE SHALL BE SEVERABLE, AND THE INVALIDITY OF ANY PARAGRAPH, SUB -PARAGRAPH, OR SUBDIVISION THEREOF SHALL NOT MAKE VOID ANY OTHER PARAGRAPH, SUB -PARAGRAPH, SUBDIVISION, OR ANY OTHER PART. I. DEFINITIONS. FOR THE PURPOSE OF THIS ORDINANCE, CERTAIN TERMS OR WORDS USED HEREIN SHALL BE INTERPRETED AS FOLLOWS: THE WORD "SHALL" IS MANDATORY, NOT PERMISSIVE. ALL DISTANCE UNLESS OTHERWISE SPECIFIED SHALL BE MEASURED HORIZONTALLY. "BOATHOUSE" MEANS A STRUCTURE USED SOLELY FOR THE STORAGE OF BOATS OR BOATING EQUIPMENT. "BUILDING LINE" MEANS THAT LINE MEASURED ACROSS THE WIDTH OF THE LOT AT THE POINT WHERE THE MAIN STRUCTURE IS PLACED IN ACCORDANCE WITH THE SETBACK PROVISIONS. "CLEAR -CUTTING" MEANS THE REMOVAL OF AN ENTIRE STAND OF TREES. "HARDSHIP" MEANS THE PROPERTY IN QUESTION CANNOT BE PUT TO A REASONABLE USE UNDER THE CONDITIONS ALLOWED BY THE OFFICIAL CONTROLS; THE PLIGHT OF THE LANDOWNERS IS DUE TO CIRCUMSTANCES UNIQUE TO HIS PROPERTY, NOT CREATED BY THE LANDOWNER; AND THE VARIANCE, IF GRANTED, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE LOCALITY. ECONOMIC CONSIDERA- TIONS ALONE SHALL NOT CONSTITUTE A HARDSHIP IF A REASONABLE USE FOR THE PROPERTY EXISTS UNDER TERMS OF THE OFFICIAL CONTROLS. "LOT" MEANS A PARCEL OF LAND DESIGNATED BY METES AND BOUNDS DESCRIPTION, REGISTERED LAND SURVEY, AUDITORS PLAT, OR OTHER ACCEPTED MEANS AND SEPARATED FROM OTHER PARCELS OR PORTIONS BY SAID DESCRIPTION FOR THE PURPOSES OF SALE, LEASE, OR SEPERATION THEREOF. FOR THE PURPOSES OF THESE REGULATIONS, A LOT SHALL BE CONSIDERED TO BE AN INDIVIDUAL BUILDING SITE WHICH SHALL BE OCCUPIED BY NO MORE THAN ONE PRIN- CIPAL STRUCTURE EQUIPPED WITH SANITARY FACILITIES. 10-27-1 10-27-1 "ORDINARY HIGH WATER MARKII MEANS A MARK DELINEATING THE HIGHEST WATER LEVEL WHICH HAS BEEN MAINTAINED FOR A SUFFICIENT PERIOD OF TIME TO LEAVE EVIDENCE UPON THE LAND- SCAPE. THE ORDINARY HIGH WATER MARK IS COMMONLY THAT POINT WHERE THE NATURAL VEGETATION CHANGES FROM PREDOMINANTLY AQUATIC TO PREDOMINANTLY TERRESTRIAL. "PLANNED UNIT DEVELOPMENT" MEANS A TYPE OF DEVELOPMENT WHICH MAY INCORPORATE A VARIETY OF LAND USES PLANNED AND DEVELOPED AS A UNIT. THE PLANNED UNIT DEVELOPMENT IS DISTINGUISHED FROM THE TRADITIONAL SUBDIVISION PROCESS OF DEVELOPMENT IN THAT ZONING STANDARDS SUCH AS DENSITY, SETBACKS, HEIGHT LIMITS, AND MINIMUM LOT SIZES MAY BE ALTERED BY NEGOTIATION AND AGREEMENT BETWEEN THE DEVELOPER, THE MUNICIPALITY, AND THE COMMISSIONER OF NATURAL RESOURCES, "PLANNING AGENCY" MEANS THE PLANNING COMMISSION OR PLANNING DEPARTMENT AS CREATED BY THE MUNICIPALITY. "PUBLIC WATERS" MEANS ANY WATERS OF THE STATE WHICH SERVE A BENEFICIAL PUBLIC PURPOSE AS DEFINED IN MINNESOTA STATUTES 1976, SECTION 105.37, SUBDIVISION 6. HOWEVER, NO LAKE, POND, OR FLOWAGE OF LESS THAN TEN (10) ACRES IN SIZE AND NO RIVER OR STREAM HAVING A TOTAL DRAINAGE AREA LESS THAN TWO (2) SQUARE MILES SHALL BE REGULATED FOR THE PURPOSES OF THESE REGULATIONS. A BODY OF WATER CREATED BY A PRIVATE USER WHERE THERE WAS NO PREVIOUS SHORELAND, AS DEFINED HEREIN, FOR A DESIGNATED PRIVATE USE AUTHORIZED BY THE COMMISSIONER OF NATURAL RESOURCES SHALL BE EXEMPT FROM THE PROVI- SIONS OF THESE REGULATIONS, THE OFFICIAL DETERMINATION OF THE SIZE AND PHYSICAL LIMITS OF DRAINAGE AREAS OF RIVERS AND STREAMS SHALL BE MADE BY THE COMMISSIONER OF NATURAL RESOURCES• THE OFFI- CIAL SIZE OF LAKES, PONDS, OR FLOWAGES SHALL BE THE AREAS LISTED IN THE DIVISION OF WATER BULLETIN 25, AN INVENTORY OF MINNESOTA LAKES, OR IN THE EVENT THAT LAKES, PONDS, OR FLOWAGES ARE NOT LISTED THEREIN, OFFICIAL DETERMINATION OF SIZE AND PHYSICAL LIMITS SHALL BE MADE BY THE COMMISSIONER OF NATURAL RESOURCES IN COOPERATION WITH THE MUNI- CIPALITY. "SETBACK" MEANS THE MINIMUM HORIZONTAL DISTANCE BETWEEN A STRUCTURE OR SANITARY FACILITY AND THE ORDINARY HIGH WATER MARK, OR BETWEEN A STRUCTURE OR SANITARY FACI- LITY AND A ROAD, HIGHWAY, OR PROPERTY LINES. "SHORELANO" MEANS LAND LOCATED WITHIN THE FOLLOWING DISTANCES FROM PUBLIC WATER: 1. 1,000 FEET FROM THE ORDINARY HIGH WATER MARK OF A LAKE, POND, OR FLOWAGES. 2* THREE HUNDRES (300) FEET FROM A RIVER OR STREAM, OR THE LANDWARD EXTENT OF A FLOOD PLAIN DESIGNATED BY ORDINANCE ON SUCH RIVER OR STREAM, WHICHEVER IS GREATER. THE PRACTICAL LIMITS OF SHORELANDS MAY BE LESS THAN THE STATUTORY LIMITS WHERE SUCH LIMITS ARE DESIGNATED BY NATURAL DRAINAGE DIVIDES AT LESSER DISTANCES, AS SHOWN ON THE OFFICIAL ZONING MAP OF THE CITY OF MONTICELLO. 3. THE AREA INCLUDED IN THE RECREATIONAL LAND USE DISTRICTS FOR THE MISSISSIPPI RIVER AS DEFINED IN MINNESOTA REGULATIONS NR 2+00-2420. "SUBDIVISION" MEANS IMPROVED OR UNIMPROVED LAND OR LANDS WHICH ARE DIVIDED FOR THE PURPOSES OF READY SALE OR LEASE, OR DIVIDED SUCCESSIVELY WITHIN A FIVE (55) YEAR PERIOD FOR THE PURPOSE OF SALE OR LEASE, INTO THREE (3) OR MORE LOTS OR PARCELS OF LESS THAN FIVE (5) ACRES EACH, CONTIGUOUS IN AREA, AND WHICH ARE UNDER COMMON OWNERSHIP OR CONTROL. "SUBSTANDARD USE'S MEANS ANY USE OF SHORELANDS EXISTING PRIOR TO THE DATE OF ENACTMENT OF THIS ORDINANCE WHICH IS PERMITTED WITHIN THE APPLICABLE ZONING DISTRICT BUT DOES NOT MEET THE MINIMUM LOT AREA AND LENGTH OF WATER FRONTAGE, STRUC- TURE SETBACKS, OR OTHER DIMENSIONAL STANDARDS OF THE ORDINANCE* 10-27-2 10-27-2: DESIGNATION OF TYPES OF LAND USE 10-27-2 IN ORDER TO GUIDE THE WISE DEVELOPMENT AND UTILIZATION OF SHORELANDS OF PUBLIC WATERS FOR THE PRESERVATION OF WATER QUALITY, NATURAL CHARACTERISTICS, ECONOMIC VALUES AND THE GENERAL HEALTH, SAFETY, AND WELFARE IN THE CITY OF MONTICELLO, A SHORELAND MANAGEMENT CLASSIFICATION HAS BEEN GIVEN BY THE COMMISSIONER OF NATURAL RESOURCES, AND USES OF SHORELAND IN THESE CLASSES ARE HEREBY DESIGNATED BY LAND USE DISTRICTS, BASED ON THE COMPATIBILITY OF THE DESIGNATED TYPE OF LAND USE WITH THE SHORELAND MANAGEMENT CLASSIFICATION, A. SHORELAND MANAGEMENT CLASSIFICATION SYSTEM. THE PUBLIC WATERS IN THE CITY OF MONTICELLO HAVE BEEN CLASSIFIED BY THE COMMIS- SIONER OF NATURAL RESOURCES AS "GENERAL DEVELOPMENT LAKES AND STREAMS" WHICH INCLUDE THE MISSISSIPPI RIVER AND OTTER CREEK. IN ADDITION, THE MISSISSIPPI RIVER HAS BEEN DESIGNATED AS A "RECREATIONAL" COMPONENT OF MINNESOTAIS WILD, SCENIC, AND RECREATIONAL RIVERS SYSTEM. B. SHORELAND OVERLAY DISTRICT. THE SHORELANDS OF THE CITY OF MONTICELLO ARE HEREBY DESIGNATED AS A SHORELAND OVERLAY DISTRICT. THE PURPOSE OF THE SHORELAND OVERLAY DISTRICT IS TO PROVIDE FOR THE WISE UTILIZATION OF SHORELAND AREAS IN ORDER TO PRESERVE THE QUALITY AND NATURAL CHARACTER OF THE PUBLIC WATERS OF THE CITY OF MONTICELLO. 1. PERMITTED USES. ALL PERMITTED USES ALLOWED AND REGULATED BY THE APPLICABLE ZONING DISTRICT UNDERLYING THIS SHORELAND OVERLAY DISTRICT AS INDICATED ON THE OFFICIAL ZONING MAP OF THE CITY OF MONTICELLO. 2. CONDITIONAL USES. ALL CONDITIONAL USES AND APPLICABLE ATTACHED CONDITIONS ALLOWED AND REGULATED BY THE APPLICABLE ZONING DISTRICT UNDERLYING THIS SHORELAND OVERLAY DISTRICT AS INDICATED ON THE OFFICIAL ZONING MAP OF THE CITY OF MONTICELLO. 3• GENERAL PROVISIONS. THE FOLLOWING STANDARDS SHALL APPLY TO ALL SHORELANDS OF ALL PUBLIC WATERS WITHIN THE CITY OF MONTICELLO. WHERE THE REQUIREMENTS OF THE UNDERLYING ZONING DISTRICT AS SHOWN ON THE OFFICIAL ZONING MAP ARE MORE RESTRIC- TIVE THAN THOSE SET FORTH HEREIN, THEN THE MORE RESTRICTIVE STANDARDS SHALL APPLY. UNSEWERED AREA GENERAL DEVELOPMENT WATERS LOT AREA (FEET) 20,000 WATER FRONTAGE AND LOT WIDTH AT BUILDING LINE (FEET) 100 BUILDING SETBACK FROM ORDINARY HIGH WATER MARK (FEET) 75 BUILDING SETBACK FROM ROADS 50 AND HIGHWAYS (FEET) FEDERAL/STATE/COUNTY 20 MUNICIPAL/PRIVATE ELEVATION OF LOWEST FLOOR ABOVE HIGHEST KNOWN WATER LEVEL(FEET) 3 BUILDING HEIGHT LIMITATION (FEET) 35 TOTAL LOT AREA COVERED BY IMPERVIOUS SURFACE (%) 30 SEWAGE SYSTEM SETBACK FROM ORDINARY HIGH WATER MARK (FEET) 50 SEWAGE SYSTEM ELEVATION ABOVE HIGHEST GROUNDWATER LEVEL OR BEDROCK (FEET) 4 10-27-2 10-27-2 SEWERED AREA GENERAL DEVELOPMENT WATERS ALL PROVISIONS FOR UNSEWERED AREAS SHALL APPLY TO SEWERED AREAS EXCEPT FOR THE FOLLOWING, WHICH SHALL SUPERSEDE THE PROVISIONS APPLIED TO UNSEWERED AREAS: LOT AREA (FEET): WATERFRONT LOTS OTHER LOTS WATER FRONTAGE AND LOT WIDTH AT BUILDING LINE (FEET) BUILDING SETBACK FROM ORDINARY HIGH WATER MARK (FEET) 15,000 ABUTTING PUBLIC WATERS 12,000 NOT ABUTTING PUBLIC WATERS 80 50 C. VEGETATIVE CUTTING PROVISIONS AND GRADING AND FILLING (RECREATIONAL RIVER) 1. ON LANDS WITHIN THE BUILDING SETBACK FROM THE NORMAL HIGH WATER MARK, THE MISSISSIPPI RIVER, AND THE PORTION OF OTTER CREEK WITHIN THE RECREATIONAL LAND USE DISTRICT: A. CLEAR -CUTTING EXCEPT FOR ANY AUTHORIZED PUBLIC SERVICES SUCH AS ROADS AND UTILITIES SHALL NOT BE PERMITTED. B. SELECTIVE CUTTING OF TREES IN EXCESS OF FOUR (4) INCHES IN DIAMETER AT BREAST HEIGHT IS PERMITTED PROVIDED THAT CUTTING IS SPACED IN SEVERAL CUTTING OPERATIONS AND A CONTINUOUS TREE COVER IS MAINTAINED, UNINTERRUPTED BY LARGE OPENINGS, IN CASES WHERE THE EXISTING TREE COVER HAS BEEN INTERRUPTED BY LARGE OPENINGS IN THE PAST, SELECTIVE CUTTING SHOULD BE PERFORMED SO AS TO MAINTAIN A CONTINUOUS TREE COVER IN THE REMAINING WOODED AREAS• C. THE ABOVE CUTTING PROVISIONS SHALL NOT BE DEEMED TO PREVENT: THE REMOVAL OF DISEASED OR INSECT INFESTED TREES, OR OF ROTTEN OR DAMAGED TREES THAT PRESENT SAFETY HAZARDS; OR - PRUNING UNDERSTORY VEGETATION, SHRUBS, PLANTS, BUSHES, GRASSES, OR FROM HARVESTING CROPS, OR CUTTING SUPPRESSED TREES, OR TREES LESS THAN FOUR (4) INCHES IN DIAMETER AT BREAST HEIGHT. 2. CLEAR -CUTTING ANYWHERE IN WILD, SCENIC, OR RECREATIONAL RIVER LAND USE DISTRICTS IS SUBJECT TO THE FOLLOWING STANDARDS AND CRITERIA: A. CLEAR -CUTTING SHALL NOT BE USED AS A CUTTING METHOD WHERE SOIL, SLOPE, OR OTHER WATERSHED CONDITIONS ARE FRAGILE AND SUBJECT TO INJURY. B. CLEAR -CUTTING SHALL BE CONDUCTED ONLY WHERE CLEAR-CUT BLOCKS, PATCHES, OR STRIPS ARE, IN ALL CASES, SHAPED AND BLENDED WITH THE NATURAL TERRAIN• C. THE SIZE OF CLEAR-CUT BLOCKS, PATCHES, OR STRIPS SHALL BE KEPT AT THE MINIMUM NECESSARY. D. WHERE FEASIBLE, ALL CLEAR -CUTS SHALL BE CONDUCTED BETWEEN SEPTEMBER 15 AND MAY 15. IF NATURAL REGENERATION WILL NOT RESULT IN ADEQUATE VEGETA- TIVE COVER, AREAS IN WHICH CLEAR -CUTTING IS CONDUCTED SHALL BE REPLANTED TO PREVENT EROSION AND TO MAINTAIN THE AESTHETIC QUALITY OF THE AREA. WHERE FEASIBLE, REPLANTING SHALL BE PERFORMED IN THE SAME SPRING, OR THE FOLLOWING SPRING. 3. GRADING AND FILLING IN OF THE NATURAL TOPOGRAPHY WHICH iS NOT ACCESSORY TO A PERMITTED OR CONDITIONAL USE SHALL NOT BE PERMITTED IN THE LAND USE DISTRICT. 4. GRADING AND FILLING IN OF THE NATURAL TOPOGRAPHY WHICH IS ACCESSORY TO A PERMITTED OR CONDITIONAL USE SHALL BE PERFORMED IN A MANNER WHICH MINIMIZES EARTH MOVING, EROSION, TREE -CLEARING, AND THE DESTRUCTION OF NATURAL AMENITIES AND SHALL BE CONTROLLED BY THE LOCAL ORDINANCE. 10-27-2 10-27-2 5. GRADING AND FILLING IN OF THE NATURAL TOPOGRAPHY SHALL ALSO MEET THE FOLLOWING STANDARDS: A. THE SMALLEST AMOUNT OF BARE GROUND IS EXPOSED FOR AS SHORT A TIME AS FEASIBLE. B. TEMPORARY GROUND COVED, SUCH AS MULCH, IS USED AND PERMANENT GROUNG COVER, SUCH AS SOD, IS PLANTED. C. METHODS TO PREVENT EROSION AND TRAP SEDIMENT ARE EMPLOYED. D. FILL IS STABILIZED TO ACCEPTED ENGINEERING STANDARDS. b. EXCAVATION OF MATERIAL FROM, OR FILLING IN A RECREATIONAL RIVER, OR CONSTRUCTION OF ANY PERMANENT STRUCTURES OR NAVIGATIONAL OBSTRUCTIONS THEREIN IS PROHIBITED, UNLESS AUTHORIZED BY A PERMIT FROM THE COMMISSIONER PURSUANT TO MINNESOTA STATUTES, SECTION 105.42. 7. NO STATE OR LOCAL AUTHORITY SHALL AUTHORIZE THE DRAINAGE OR FILLING IN OF WETLANDS WITHIN THE RECREATIONAL RIVER LAND USE DISTRICT. D. VEGETATIVE CUTTING, GRADING, AND FILLING (OTHER PUBLIC WATERS) I. THE REMOVAL OF NATURAL VEGETATION SHALL BE RESTRICTED TO PREVENT EROSION INTO THE PUBLIC WATERS, TO CONSUME NUTRIENTS IN 'THE SOIL, AND TO PRESERVE SHORE - LAND AESTHETICS. REMOVAL OF NATURAL VEGETATION IN THE SHORELAND OVERLAY DIS- TRICT SHALL BE SUBJECT TO THE FOLLOWING PROVISIONS: A. SELECTIVE REMOVAL OF NATURAL VEGETATION SHALL BE ALLOWED, PROVIDED THAT SUFFICIENT VEGETATIVE COVER REMAINS TO SCREEN CARS, DWELLINGS, AND OTHER STRUCTURES WHEN VIEWED FROM THE WATER. B. CLEAR -CUTTING OF NATURAL VEGETATION SHALL BE PROHIBITED. C. NATURAL VEGETATION SHALL BE RESTORED INSOFAR AS FEASIBLE AFTER ANY CONSTRUCTION PROJECT IS COMPLETED IN ORDER TO RETARD SURFACE RUNOFF AND SOIL EROSION, D. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO PERMITTED USES WHICH NORMALLY REQUIRE THE REMOVAL OF NATURAL VEGETATION. 2. GRADING AND FILLING IN SHORELAND AREAS OR ANY ALTERATIONS OF THE NATURAL TOPOGRAPHY WHERE THE SLOPE OF THE LAND IS TOWARD A PUBLIC WATER OR A WATER COURSE LEADING TO A PUBLIC WATER MUST BE AUTHORIZED BY A CONDITIONAL USE PERMIT, THE PERMIT MAY BE GRANTED SUBJECT TO THE CONDITIONS THAT: A. THE SMALLEST AMOUNT OF GROUND IS EXPOSED FOR AS SHORT A TIME AS FEASIBLE, B. TEMPORARY GROUND COVER, SUCH AS MULCH, IS USED AND PERMANENT GROUND COVER, SUCH AS SOD, IS PLANTED. C. METHODS TO PREVENT EROSION AND TRAP SEDIMENT ARE EMPLOYED. D. FILL IS STABILIZED TO ACCEPTED ENGINEERING STANDARDS. 3• EXCAVATIONS ON SHORELANDS WHERE THE INTENDED PURPOSE 1S CONNECTION TO A PUBLIC WATER SHALL REQUIRE A PERMIT FROM THE ZONING ADMINISTRATOR BEFORE CONSTRUCTION IS BEGUN. SUCH PERMIT •1AY BE OBTAINED ONLY AFTER THE COMMISSIONER OF NATURAL RESOURCES HAS ISSUED A PERMIT FOR WORK IN THE BEDS OF PUBLIC WATERS. E. UTILITY COMPANIES, STANDARDS, AND CRITERIA FOR UTILITY CROSSINGS. ALL TRANSMISSION SERVICES CONSTRUCTED WITHIN THE Mississippi RIVER RECREATIONAL SHORELANO DISTRICT SHALL REQUIRE A CONDITIONAL USE PERMIT. THE CONSTRUCTION OF SUCH TRANSMISSION SERVICES SHALL BE SUBJECT TO THE STANDARDS AND CRITERIA OF MINNESOTA REGULATIONS NR 79(1)(2). NO CONDITIONAL USE PERMIT SHALL BE REQUIRED FOR HIGH VOLTAGE TRANSMISSION LINES UNDER CONTROL OF THE ENVIRONMENTAL QUALITY COUNCIL PURSUANT TO MINNESOTA STATUTES, SECTION 115C.61. 10-27-2 10-27-2 F. PUBLIC ROAD, RIVER CROSSINGS. ALL NEW CONSTRUCTION OR RECONSTRUCTION OF PUBLIC ROADS WITHIN THE MISSIS- SIPPI RIVER RECREATIONAL SHORELAND DISTRICT SHALL REQUIRE A CONDITIONAL USE PERMIT. SUCH CONSTRUCTION OR RECONSTRUCTION SHALL BE SUBJECT TO THE STANDARDS AND CRITERIA OF MINNESOTA REGULATIONS NR 790)(2), A CONDITIONAL USE PERMIT IS NOT REQUIRED FOR MINOR PUBLIC STREETS WHICH ARE STREETS INTENDED TO SERVE PRIMARILY AS AN ACCESS TO ABUTTING PROPERTIES• "PUBLIC ROADS" INCLUDE TOWNSHIP, COUNTY, AND MUNICIPAL ROADS AND HIGHWAYS WHICH SERVE OR ARE DESIGNED TO SERVE FLOWS OF TRAFFIC BETWEEN COMMUNITIES OR OTHER TRAFFIC GENERATING AREAS. G. SANITARY PROVISIONS. ANY PUBLIC OR PRIVATE SUPPLY OF WATER FOR DOMESTIC CONSUMPTION PURPOSES SHALL CONFORM WITH MINNESOTA DEPARTMENT OF HEALTH STANDARDS FOR WATER SUPPLY. NO PERSON, FIRM, OR CORPORATION SHALL INSTALL, ALTER, REPAIR, OR EXTEND ANY PRIVATE WELL WITHOUT FIRST OBTAINING THE NECESSARY PERMITS FROM THE COUNTY SANITATION OFFICE.