§ 13-680. Topographic alterations, grading and filling.

(A)

Permits. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. Grading, filling, and excavation must follow the guidelines included in the City's Surface Water Management Plan and the steep slope and erosion control sections of this ordinance. The grading and filling standards in this Section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways. Public roads and parking areas are regulated by Section 13-690 of this ordinance.

(B)

Standards. A grading and filling permit will be required for the movement of more than ten (10) cubic yards of material on steep slopes or within shore and bluff impact zones. A grading and filling permit will be required for the movement of more than fifty (50) cubic yards of material in a Shoreland area that is outside of steep slope and Shoreland and bluff impact zones.

(C)

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:

(1)

Grading or filling in any Type 2, 3, 4, 5, 6, 7, or 8 wetland is subject to the regulations of the Minnesota Wetland Conservation Act, reviews or approvals by other local, state or federal agencies such as Rice County, the Minnesota Department of Natural Resources, and/or the United States Army Corps of Engineers.

(2)

The proposed work should be evaluated for its effect on the following functional values of the wetland:

(a)

Sediments and pollutant trapping and retention;

(b)

Storage of surface runoff to prevent or reduce flood damage;

(c)

Fish and wildlife habitat;

(d)

Recreational use;

(e)

Shoreline or bank stabilization; or

(f)

Noteworthiness, including special qualities such as historic significance and critical habitat.

(3)

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.

(4)

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 and approved by staff.

(5)

Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used.

(6)

Altered areas must be stabilized to acceptable erosion control standards consistent with the Minnesota Pollution Control Agency's Best Management Practices.

(7)

Fill or excavated material must not be placed in a manner that creates an unstable slope.

(8)

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 fifteen (15) percent or greater.

(9)

Fill or excavated material must not be placed in bluff impact zones.

(10)

Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner of Natural Resources under Minnesota Statutes, section 103G.245.

(11)

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.

(12)

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 (3) feet horizontal to one (1) foot vertical, the landward extent of the riprap is within ten (10) feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three (3) feet.

(13)

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.

(Ord. No. 2006-21, § 7, 9-26-06)