NRC Packet 10162024CITY OF MENDOTA HEIGHTS
NATURAL RESOURCES COMMISSION WORK SESSION MEETING AGENDA
October 16, 2024 at 6:00 PM
Mendota Heights City Hall Large Conference Room
1.Call to Order
2.Roll Call
3.Adopt Agenda
4.New Business
a.Goal 1: Ordinance and Policy Development Update and Next Steps
b.Natural Resources Management Plan Priority Projects Update
c.2025 Natural Resources Work Plan
5.Old Business
a.Partners in Energy Update
b.2025 Preliminary Budget Update
6.Staff Announcements
7.Commission Comments
8.Adjourn
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4.a
Natural Resources Work Session Memo
MEETING DATE: October 16, 2024
TO: Natural Resources Commission
FROM: Krista Spreiter, Natural Resources Coordinator
SUBJECT: Goal 1: Ordinance and Policy Development Update and Next Steps
DEPARTMENT: Natural Resources CONTACT: Krista Spreiter, Natural
Resources Coordinator
ACTION REQUEST:
Information for discussion only.
BACKGROUND:
As part of Goal 1: Policy and Ordinance Review and Development, the Goal 1 Committee along
with the Commission developed a draft of the Urban Forest Preservation Ordinance. The draft
was presented to both the City Council and the Planning Commission to receive feedback.
These comments were discussed at the July 10, 2024 Natural Resources Commission Work
Session. Comments were taken into consideration, and some revisions to the draft ordinance
have been made in response, and incorporated into the attached revised draft.
The draft that was scheduled to be presented to City Council at the regular meeting on
October 15th was pulled from the agenda. The draft will be presented to City Council for
approval at a later date, to be determined.
Next steps for the Goal 1 Committee include drafting an ordinance for recommendation in
2025. The committee is still deciding on what ordinance to pursue, and requesting feedback or
suggestions from the Commission. Some suggestions have included a shoreland ordinance,
historical preservation ordinance, deconstruction ordinance, and weed ordinance.
ATTACHMENTS:
1. 2024_9_25 URBAN FOREST PRESERVATION ORDINANCE_PRELIMINARY DRAFT
2. Sec._12_20.___Purpose_and_scope.
3. model-with-comm
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 595
ADDING CHAPTER 3: URBAN FOREST PRESERVATION TO
TITLE 15: ENVIRONMENTAL STANDARDS TO THE CODE OF ORDINANCES
SECTION:
15-3-1: PURPOSE
15-3-2: APPLICABILITY
15-3-3: DEFINITIONS
15-3-4: STANDARDS
15-3-5: FOREST ALTERATION PERMIT
15-3-6: FOREST MANAGEMENT PLAN REQUIRED
15-3-7: TREE LOSS MITIGATION
15-3-8: DISEASED TREES
15-3-9: ENFORCEMENT
15-3-1: PURPOSE.
Trees and woodlands play an integral role throughout the City of Mendota Heights, providing improved
air quality, erosion control, energy conservation, wildlife habitat, cooler surface temperatures, increased
property values, and aesthetic beauty. It is therefore the intent of the City of Mendota Heights to
protect, preserve, and enhance trees and woodlands within the City, by reasonably limiting the removal
of trees during construction, site work, and land development activities, as well as to mitigate for the
loss of trees due to these activities, thereby promoting and protecting public health, safety, welfare and
assuring a healthy urban forest into the future.
15-3-2: APPLICABILITY.
This ordinance applies to construction, development, or redevelopment projects that require a grading
permit, building permit, or planning application, and will affect trees or forested areas. This ordinance
also applies to any proposed Heritage Tree removal, or property in which 33% or more significant and/or
heritage trees are removed from the property where the property contains a minimum of seven trees.
15-3-3: DEFINITIONS.
The following words, terms and phrases, as used in this division, shall have the meanings ascribed to
them in this section:
American National Standards Institute (ANSI) A300 Tree standards (“ANSI A300”) means standards set
forth by the ANSI in Standard A300 that establish the performance standards for the care and
maintenance of trees, shrubs, and other woody plants. The ANSI A300 is available from the City’s
Natural Resources Coordinator.
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Applicant means developer, builder, contractor, or property owner who applies for a forest alteration,
land use alteration, grading or building permit; or as part of a planning case.
Certified arborist means an arborist with up-to-date certification by the International Society of
Arborists (ISA).
Conifer tree means a woody plant that is a member of the division Pinophyta and at maturity is at
least 12 feet or more in height. Conifers are cone bearing and most in our climate keep their leaves
(also called needles) year-round. Tamarack (also called larch) is the only native conifer in our climate
that drops all of its needles in the fall.
Control includes measures to prevent, slow the spread, suppress, eradicate, or destroy a tree disease
or pests.
Critical Root Zone (CRZ) means the minimum area around a tree that must remain undisturbed. The
critical root radius is calculated by measuring the tree's diameter at standard height (DSH). For each inch
of tree diameter, 1.5 feet of root zone radius must be protected. For example, if a tree's DSH is 10
inches, then its critical root zone radius is 15 feet (10 x 1.5 = 15).
Deciduous tree means a woody plant, which sheds leaves annually, having a defined crown, and at
maturity is at least 15 feet or more in height.
Development means a project on land, including vacant land, which the construction of structures,
improvements, or land use changes has been approved or requires a permit by the City.
Diameter at Standard Height (DSH) is a measurement used for trees in the landscape. It is the
diameter of a tree trunk as measured at a height of four and one-half feet above ground. Diameter is
determined by measuring the circumference of the tree trunk at four and one-half feet above ground
and dividing by 3.14.
Forest is a stand of significant trees covering at least a quarter acre of ground, where the leaves and
branches of trees (forest canopy) shade 75 percent or more of the ground. Forests can be continuous
areas covering many acres or can be isolated quarter-acre patches on individual or multiple lots.
Forest management plan is a plan that shows all trees located within the area to be developed or
within the property. The plan shall include all significant and heritage trees to be preserved and
measures taken to preserve them. The plan will also include calculations to determine the number of
replacement trees as required by the tree mitigation and management plan section. The plan shall be
developed by a forestry or horticultural professional.
Forest Pest or Shade Tree Pest has the same meaning as set forth in Minnesota Statutes § 89.001, as
may be amended from time to time.
Hazard tree means a tree that has structural defects that may cause the tree or tree part to fail, and
has been determined that such failure could cause property damage or personal injury and has been
identified as a hazard tree or high risk tree by an International Society of Agriculture (ISA) Certified
Arborist.
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Heritage tree means a tree of any native species or cultivar of a native species that is 24 inches in
diameter or greater, excluding invasive species. Heritage trees are healthy trees that are likely to have
a life expectancy of greater than ten years, have a relatively sound and solid trunk with no extensive
decay, and have no major insects, pathological problem, or defects and is not deemed a Hazard Tree.
Heritage trees are valued for their size and their legacy.
Invasive species means species that are not native to Minnesota and cause economic or
environmental harm or harm to human health or are regulated as prohibited or restricted under the
Minnesota Department of Agriculture’s noxious weed law.
Native tree means a tree native to the local ecosystem(s) found in Mendota Heights and immediate
surrounding area, is naturally found in the area, is suited to the local climatological conditions or
recommended by the Minnesota Department of Natural Resources as a native tree for the changing
climate, and is not an introduced, exotic, noxious, or invasive species.
Natural Resources Coordinator means a natural resources professional who is employed by the City or
appropriate agent or independent contractor designated by the City.
Redevelopment means a project in which the construction of structures, improvements, or land use
changes has been approved or requires a permit by the City. Lots with existing structures that are split
for the construction of additional structures are included in this definition.
Shade tree means a woody perennial that at maturity is at least 15 feet in height and grown primarily
for aesthetic or environmental purposes.
Significant tree means a healthy tree measuring a minimum of six inches in diameter for deciduous
trees, 10 feet in height for conifer trees, and is not considered hazardous. Buckthorn or other noxious,
invasive, woody plants or trees as determined by the Natural Resources Coordinator or are listed as
prohibited or restricted under the Minnesota Department of Agriculture’s noxious weed law are not
considered a significant tree species at any diameter.
Structure means anything manufactured, constructed, or erected which is normally attached to or
positioned on land, including portable structures.
Tree Pest means any vertebrate or invertebrate animal, plant pathogen, or plant that is determined by
the City to be harmful, injurious, or destructive to trees or community forests.
Tree Removal means cutting, pruning, girdling, or otherwise causing tree death by human activities.
Utility means electric, telephone, cable television, water, sanitary or storm sewer, solid waste, gas or
similar service operations.
Vacant Lot means a lot or parcel located within the City that is not currently occupied by a resident,
business, or organization.
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15-3-4: STANDARDS.
American National Standards Institute (ANSI) A300 shall be followed in the planting, transplanting,
and care of trees and other woody species. Where the ANSI A300 does not establish a standard, or
where circumstances warrant, the City shall have the authority to require compliance with additional
tree standards concerning the management of trees and other woody species. When developing a
Forest Management Plan in compliance with the ANSI A300 standards and/or any standards required
by the City, the Forest Management Plan shall take the following standards into consideration:
A.Saving forests and groups of trees is encouraged over protecting individual trees scattered
across the site; and
B.Placement of utilities is encouraged to be along corridors between tree preservation areas, and
use of common trenches or tunnel installation, if possible.
15-3-5: FOREST ALTERATION PERMIT.
A.Forest alteration permit. A forest alteration permit application is required to be submitted to
the City and must be approved prior to removing any significant or heritage trees as part of
any of the following:
1.Removal of any Heritage Tree.
2.Removal of 33% of significant and/or heritage trees on any lot, vacant or otherwise
occupied, when the property contains seven (7) or more significant or heritage trees.
3.A project that requires a planning application when trees on the property may be
affected.
4.A grading or building permit is required and trees on the property may be affected.
Failure to obtain a Forest Alteration Permit prior to removing significant or specimen trees
when a forest alteration permit is required will result in a tree replacement requirement that
assumes all trees removed were significant trees, and/or escrow fee forfeiture.
B.When tree replacement is required, any significant and heritage trees removed as part of a
forest alteration permit shall follow requirements for tree replacement as shown in 15-3-6
and 15-3-7 within this chapter.
C.Forest alteration permit appeal process. If the forest alteration permit is denied by the city,
the applicant may appeal the decision. The appeal shall be submitted in writing, along with
the argument(s) for appeal, and received by the city within 90 days of denial. The City Council
shall set a date of hearing of the appeal at a regular City Council meeting within 15 days of the
date the appeal is submitted. The City Council shall issue a final decision of the appeal on the
date of the hearing or at the regular City Council meeting following the hearing of the appeal.
15-3-6: FOREST MANAGEMENT PLAN REQUIRED.
The applicant shall submit a Forest Management Plan containing all requirements listed in this
Section, and other necessary information to determine compliance with this chapter, when
removing any significant or heritage trees as part of any of the following:
1.When removing 33% or more of significant and/or heritage trees on any lot, vacant or
otherwise occupied, when the property contains seven (7) or more significant or
heritage trees.
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2.A project that requires a planning case when trees on the property may be affected.
3.A grading or building permit is required and trees on the property may be affected.
An application fee, as well as an escrow fee, shall be required as established annually by the
City Council. The Forest Management Plan should reflect the applicant's best effort to
determine the most feasible and practical layout of buildings, parking lots, driveways, streets,
storage and recreational facilities, and other physical features, so as to remove or damage the
fewest significant and/or heritage trees and minimize the negative environmental effects caused
by loss of tree canopy.
A.Forest Management Plan Requirements
1.The Forest Management Plan shall include the following:
a. A forest and significant tree inventory overlaid on site plans that shows size, species,
and location of all significant trees located within the property where tree removal is
proposed.
b. A list of total diameter inches and species of all healthy significant and heritage trees
inventoried.
c. A list of the total diameter inches and species of all healthy significant and heritage
trees proposed for removal.
d. Location of trees preserved and the proposed measures for protection, including
delineation of tree protection fencing, tree protection signs, location for material
storage, parking, debris storage, and wash-out area for cement trucks.
e. Protection measures for replacement trees being planted in areas with high deer
population.
f. The name(s), telephone number(s), and address(es) of the person(s) responsible for
tree preservation during the course of the project.
g. Size, species, number, and location of all replacement trees and woody shrubs
proposed to be planted on the property in accordance with E. Significant and Heritage
Tree Replacement Calculation and 15-3-7: Tree Loss Mitigation.
h. The outer boundaries shown of all forest areas of one-quarter acre and larger.
i. Indications of the known presence of any tree pests and diseases.
j. Locations of standing, dead or diseased significant and heritage trees.
k. Locations of proposed building, structures, and impervious surfaces.
l. Grading, land disturbance, clearing, and trenching limits.
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m. A three-year tree maintenance and preservation plan.
B.Tree replacement escrow. The applicant shall post a tree replacement escrow with the City.
For every heritage tree preserved on site, the escrow may be reduced by $250.00. The
escrow will be held by the City until successful completion of final planting inspection,
assurance that the trees have survived for at least one growing season, and are covered by
at least a one-year warranty for replacement. The escrow may be held for longer to ensure
viability of trees. Once the escrow is reimbursed to the applicant, it remains the applicant’s
responsibility to maintain the replacement trees for three years after planting during the
three-year maintenance period, and replace any trees lost during this period.
C.Exemptions. The following exemptions shall apply to the requirements for Forest
Management Plans and Tree Replacement Escrow requirements set forth in this chapter.
Applicants may still be subject to tree replacement requirements as stated in Section E.
Significant and Heritage Tree Replacement Calculation.
1.If less than ten (10) total significant and/or heritage trees on the property
are removed, and the removal does not require a building permit, grading
permit, or does not require a planning application, the applicant is exempt
from Forest Management Plan and Escrow requirements but may still be
subject to tree replacement requirements as stated in Section E. Significant
and Heritage Tree Replacement Calculation.
2.Interior structure improvements that do not expand the current footprint of
the structure and do not affect surrounding trees or forested areas.
3.Tree removal related to public improvement projects, including but not
limited to, road reconstruction and improvement, parks, infrastructure work
or repair, stormwater treatment projects, and utility work or repair.
4.Emergency work to protect public health.
5.Removal of hazardous, dead, dying, or diseased trees, unless those trees
were planted as part of a forestry management or other tree replacement
plan, in which case they shall be replaced based on the requirements of the
approved plan.
6.Alteration of the forest canopy to improve tree health/diversity that is
recommended as part of a Forest Management Plan.
7.Tree removal as part of a City-approved native vegetative community
restoration plan to restore or enhance native woodlands, savannas, prairies,
or wetland areas.
8.Removal of non-native trees that the City deems are invasive or noxious.
9.Commercial tree nursery and landscape operations.
10.In cases where a tree is deemed a hazard tree as determined by an ISA
Certified Arborist.
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D.Safeguarding Preserved Trees
All development and redevelopment projects in the City shall be designed with the preservation
of the urban forest, natural woodlands, and significant trees in mind. The following criteria will
be considered to ensure survival of trees scheduled to be preserved:
a.Size of lot or project to be developed.
b.Tree size.
c.Species, role, and health of trees.
d.Tree life span.
e.Sensitivity to disease.
f.Nuisance characteristics.
g.Sensitivity to grading and grade change.
h.Transplanting potential.
i.Effects on the functioning of a development.
Prior to issuance of a grading or building permit the City may require one or all of the following
measures be added to the Forest Management Plan in order to safeguard preserved trees:
1)Tree protective areas shall be designated at a minimum of the CRZ of trees
or drip line, whichever is greater, whenever possible.
2)Layout of the project site utility and grading plans shall accommodate the
forest and tree preservation areas, whenever possible.
3)Custom grading, retaining walls, or tree wells should be utilized to maintain
existing grade for preserved trees.
4)Suitable tree protection fencing shall be installed in active areas. Such
fencing includes use of orange polyethylene laminar safety fencing, woven
polyethylene fabric (silt fencing), or similar high visibility fencing. Fencing
shall be self-supportive. Tree protection fencing shall be inspected by City
Staff before work begins; and shall be maintained and repaired by the
applicant for the duration of construction.
5)Use of passive forms of tree protection may be allowed, such as continuous
heavy-duty rope or flagging (heavy plastic four inches or wider) or other
easily recognized barriers to vehicles and people.
6)Active tree protection areas with “Tree Save Area” signs shall be posted and
readable from at least ten feet away.
7)Additional protection, signage, and buffer distances shall be established
around Heritage Trees.
8)Felling or removing trees shall be done in a direction away from preserved
trees to minimize tree wounding.
9)Construction site activities such as parking, material storage, concrete
washout, placement of holes, compaction, construction access, stockpiling
of earth, storage of equipment or building materials, or grading of any kind,
shall be arranged so as not to encroach on tree preservation areas and CRZ
areas of trees to be protected.
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10)Measures such as deep mulching may be required if root pruning or root
compaction cannot be avoided.
11)Identify and prevent oak wilt infection. Treat all known oak wilt infected
areas with current accepted guidelines including root cutting and removal of
infected trees. If pruning oaks is required between April 1 and October 31,
fresh wounds shall be covered with nontoxic tree wound sealant or latex
paint.
All developments and redevelopment projects in the City shall be designed to preserve forests
and significant trees, where such preservation would not adversely affect the public health,
safety, or welfare of Mendota Heights residents, businesses, and visitors. The City may require
clustering of buildings, access roads, parking lots, or stormwater facilities and prohibit removal
of all or a part of a forest or of heritage or significant trees.
If any significant tree designated as preserved in the approved Forest Management Plan is cut,
damaged, or encroached upon during the construction process without City authorization and if
it is determined by the City that the damaged tree will not survive, the said damaged tree shall
be removed by the applicant at their expense and replacement trees installed at a rate of two
times the tree replacement calculations as described below.
E.Significant and Heritage Tree Replacement Calculation
1.If less than seven (7) total significant and/or heritage trees on the property are
removed, the applicant shall replace one tree per significant or heritage tree removed.
Replacement trees shall be a minimum of one caliper inch in size.
2.If seven (7) or more total significant or heritage trees on the property are removed, the
applicant shall mitigate all significant and heritage tree inches measured at DSH at a rate
of 75%.
Example: 84 DSH inches removed x .75 = 63 DSH inches required to be replaced
3.For every heritage tree preserved on site, escrow may be reduced by $250.00.
15-3-7: TREE LOSS MITIGATION
The applicant shall mitigate loss of significant and heritage trees by planting replacement trees
in appropriate areas on the property in accordance with section E. Significant and Heritage Tree
Replacement Calculation, and as indicated in the applicant’s approved Forest Management Plan,
if required. Trees shall not be planted within 10 feet of property lines without written
permission of the affected adjacent property, nor shall trees be planted at lot corners in a way
that obstructs a driver’s line of sight. If compliance with the tree replacement requirement is not
feasible, the City may approve alternative tree replacement measures, including the planting of
trees at an alternate site. The alternate site must be public land, and at the choice of the city.
The city may require post-construction tree care.
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In order to preserve diversity and provide protection from tree disease and pests; where ten or
more replacement trees are required, not more than 20 percent shall be of the same family, not
more than 10 percent of the same genus, and not more than 5 percent of the same species,
unless approved by the City. Tree species of the genus Acer shall be limited to 10 percent of
total replacement trees planted, due to its over-abundance in the City’s forest canopy. A
minimum of 50 percent of replacement trees must be species native to Minnesota or
recommended by the Department of Natural Resources or University of Minnesota Extension.
Applicants are encouraged to plant trees that are recommended by the Minnesota Department
of Natural Resources at the time of planting. All replacement trees shall be healthy and free
from insect or disease infestations. When replacement trees are required, replacement trees
shall be no less than a one-caliper inch deciduous or six-foot height conifer tree unless approved
by the City. No more than three consecutive trees of the same species may be planted in a
continuous row, including around corners and in groupings.
It is the applicant’s responsibility to maintain the replacement and preserved trees for at least
three years. The applicant is responsible for replacing any tree that dies during this three-year
period. The City may require additional post-construction tree care mitigation for preserved and
replacement trees.
Woody plant species are considered invasive, and/or are regulated as prohibited or restricted
under the Minnesota Department of Agriculture’s noxious weed law are prohibited from City
plantings and on development and redevelopment projects.
The City may require revision of, or may deny approval of, a Forest Alteration Permit or a Forest
Management Plan that includes any new or emerging invasive species that is not included in this
list. Trees that are overly susceptible to diseases that cause tree death, such as Dutch Elm
Disease or Emerald Ash Borer, should not be planted unless they are of a resistant variety or
cultivar.
In addition to the requirements set forth in this Section, replacement trees should be
appropriate for the planting location, including soil, moisture, and sunlight conditions.
Replacement trees shall consist of certified nursery stock as defined by current Minnesota
Statutes and shall be hardy for USDA plant hardiness zones 4 or 5. Trees shall be planted in
accordance with the American National Standard for Tree Care Operations.
15-3-8: DISEASED TREES
The health of trees in the City is threatened by tree pests, which can result in hazardous trees
that cause property damage or personal injury. The loss of trees, or presence of diseased and
hazardous trees on public and private property depreciates the value of property within the City
and impairs the safety and general welfare of the public. The provisions of this section are
adopted to comply with applicable Minnesota Statutes and as an effort to control and prevent
the spread of tree pests and disease.
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To the extent allowed by Minnesota Statutes, the City may deem any vertebrate or invertebrate
animal, plant pathogen, or plant in the community threatening to cause significant damage or
death to trees in the community to be a forest pest or a shade tree pest, and prescribe control
measures to effectively eradicate, control, or manage the disease, forest pest or shade tree pest
according to current guidance set by the Minnesota Department of Agriculture.
The City may notify in writing the owner of record or occupant of the premise that a diseased or
hazard tree exists. The notice may specify required abatement measures to be taken to abate
the nuisance in accordance with City Code 4-1-5. When removing and managing diseased trees,
property owners shall follow any diseased tree management plans that are put forth by the City,
Dakota County, or the State of Minnesota and comply with all quarantine requirements and
restrictions.
If a diseased, nuisance, dead, dying, or Hazard Tree exists within publicly-owned property or
rights-of-way, including boulevard trees, the City may remove, at any time, diseased, nuisance
or hazard trees without the permission of, or notice to, adjacent property owners.
15-3-9: ENFORCEMENT
The City shall be responsible for the enforcement of this chapter and determine any violations.
All land use, building, and grading permits shall be suspended until the applicant has corrected a
violation. The City reserves the right to inspect the permitted site or property at any reasonable
time for compliance with the Forest Management Plan and forest alteration permit. If the City
finds the site in violation, the City may issue a stop work order until conditions are corrected.
Conditions that are not corrected within the required timeframe may result in forfeiture of
escrow, or may be subject to enforcement pursuant to the City’s Nuisance ordinance or other
applicable law, rule, or regulation.
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PART II - CODE
Chapter 12 - VACANT BUILDINGS AND DECONSTRUCTION
ARTICLE II. DECONSTRUCTION
San Antonio, Texas, Code of Ordinances Created: 2024-08-09 11:37:06 [EST]
(Supp. No. 141, Update 1)
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ARTICLE II. DECONSTRUCTION
Sec. 12-20. Purpose and scope.
(a)Purpose. This article shall be construed to secure its expressed intent, which is to provide demolition and
deconstruction requirements to safeguard the public safety, health, and general welfare associated with
building removal, including the reduction of airborne toxic pollutants, carbon emissions, water consumption,
and the dumping of refuse and demolition waste. In addition, this article seeks to increase the availability of
high-quality and reclaimed building materials for local re-use; improve equity of access to building materials
for use in affordable housing preservation and production; encourage neighborhood continuity; retain
historic building materials in the communities from which they originated; develop and sustain a local
workforce in construction, heritage trades, and deconstruction; and achieve citywide sustainability goals and
mitigation strategies outlined in the city's adopted Climate Action and Adaptation Plan (CAAP), including the
development of a local circular economy. The purpose of this article is not to create or to establish a
standard for a building product, material or aesthetic method in construction, renovation, maintenance, or
other alteration of a residential or commercial building.
(b)Scope. This article provides the procedures to be followed by all persons engaged in the removal of
residential and accessory structures within the territorial limits of the City of San Antonio, Texas that meet
the criteria for deconstruction established herein.
(Ord. No. 2022-09-08-0668, § 1, 9-8-22)
Sec. 12-21. Definitions.
The following definitions shall apply in the interpretation and enforcement of this article.
Accessory structure means a building, structure, or use on the same lot with, and of a nature customarily
incidental and subordinate to, the principal building or use. Examples include garages carriage houses, accessory
dwelling units, or tool sheds.
Certified deconstruction contractor means any person doing work within the building trades or construction
professions that has successfully completed a deconstruction certification program as administered through the
City of San Antonio Office of Historic Preservation.
City means the City of San Antonio, Texas.
Deconstruction means the systematic dismantling of a structure, typically in the opposite order it was
constructed, from roof to foundation, in order to maximize the salvage of materials for re-use, in preference over
salvaging materials for recycling, energy recovery, or sending the materials to the landfill.
Demolition means the complete or partial removal of a structure from a site.
Director means the director of the office of historic preservation for the City of San Antonio, Bexar County,
Texas, and his/her designee.
Multi-unit structure means a residential structure with two (2) or more residential attached dwelling units
including, but not limited to, duplexes, apartments, townhomes, and condominiums.
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Created: 2024-08-09 11:37:06 [EST]
(Supp. No. 141, Update 1)
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Period of deconstruction means the period beginning on the date the city issues a demolition permit with
deconstruction requirements and ending on the date the city approves the post-deconstruction form, which shall
be a maximum of sixty (60) calendar days or as specifically provided in the permit requirements of the subject
application, whichever period is greater.
Post-deconstruction form means an inventory of actual materials salvaged for re-use or donation, as well as
materials discarded or landfilled, to be completed and submitted after deconstruction is fully complete to initiate
permit closure by the director.
Pre-deconstruction form or salvage plan means an inventory of materials to be salvaged for re-use or
donation as part of an application to deconstruct.
Recycling means the processing of waste materials into new products or material feedstock for products.
Materials that can be recycled include, but are not limited to, concrete, metal piping, and asphalt roofing shingles.
Re-use means the utilization of a product or material that was previously installed for the same or similar
function to extend its life cycle. Materials salvageable for re-use include, but are not limited to, cabinets, doors,
hardware, fixtures, flooring, siding, and framing lumber.
Single-family structure means a dwelling unit for one (1) family.
Structure means a walled or roofed building that was constructed to provide occupied or unoccupied shelter
or enclosure.
(Ord. No. 2022-09-08-0668, § 1, 9-8-22)
Sec. 12-22. Applicability and administration.
This article applies to any request for demolition of residential and accessory structures within the territorial
limits of the City of San Antonio that meets the criteria for deconstruction as established in this article.
(1)Criteria. Any application for demolition of a structure that is determined by the director to meet the
criteria for deconstruction shall consider the construction date and original use of the structure. The
director, at his or her discretion, may refer the applicability of criteria to a property to the historic and
design review commission (HDRC) for a recommendation before a determination is made.
a.Construction date. The construction date of a structure shall be informed by available primary
sources including, but not limited to Sanborn Maps, deed records, appraisal district data, and/or
other applicable research methods.
b.Original use. The original use of the property shall be determined by the director after a visual
assessment of construction type and reference to the 1968 city plan. The current zoning or use of
the property does not determine whether the requirements of this section apply.
(2)Phasing. This article shall take effect in phases as set forth below.
a. Phase i shall take effect on October 1, 2022. Deconstruction requirements shall apply to
demolition permit applications for city-executed demolitions for:
1. Residential single-family structures, multi-unit structures with four (4) units or less, and
accessory structures that were constructed on or before December 31, 1920, regardless of
zoning overlay; and
2. Residential single-family structures, multi-unit structures with four (4) units or less, and
accessory structures that were constructed on or before December 31, 1945, and that have
either: been locally designated as historic and carry a historic zoning overlay (H, HL, HS, or
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HE); or, are located within a Neighborhood Conservation District (NCD) and carry a NCD
zoning overlay.
b. Phase II shall take effect on January 1, 2023. Deconstruction requirements shall apply to
demolition permit applications for:
1. Residential single-family structures, multi-unit structures four (4) units or less, and
accessory structures that were constructed on or before December 31, 1920, regardless of
zoning overlay; and
2. Residential single-family structures, multi-unit structures four (4) units or less, and
accessory structures that were constructed on or before December 31, 1945, and that have
either: been locally designated as historic and carry a historic zoning overlay (H, HL, HS, or
HE); or, are located within a Neighborhood Conservation District (NCD) and carry a NCD
zoning overlay.
c. Phase III shall take effect on January 1, 2025. Deconstruction requirements shall apply to
demolition permit applications for:
1. Residential single-family structures, multi-unit structures eight (8) units or less, and
accessory structures that were constructed on or before December 31, 1945, regardless of
zoning overlay; and
2. Residential single-family structures, multi-unit structures eight (8) units or less, and
accessory structures that were constructed on or before December 31, 1960, and that have
either: been locally designated as historic and carry a historic zoning overlay (H, HL, HS, or
HE); or, that are located within a neighborhood conservation district (NCD) and carry a NCD
zoning overlay.
(3) The director is authorized to administer and enforce the provisions of this article and adopt rules,
procedures, and forms to implement the provisions of this article.
(4) The director may temporarily suspend or modify the requirements of this article based on a
determination that such requirements are temporarily infeasible due to economic or technical
circumstances. The director shall temporarily suspend the requirements of this article if, at any time,
there are less than three (3) certified deconstruction contractors registered with the city.
(Ord. No. 2022-09-08-0668, § 1, 9-8-22)
Sec. 12-23. Demolition permit and deconstruction requirements.
(a)Permit required. No person shall demolish a residential or accessory structure that is eligible for
deconstruction under this article without first obtaining a demolition permit from the city.
(1)Pre-application conference. An applicant requesting to demolish a structure that meets the criteria for
deconstruction, may meet with the office of historic preservation to discuss the procedures and
requirements pursuant to this Code. The required forms may be obtained from the office of historic
preservation prior to or at the time of application.
(2)Applications. All applications for demolition of a residential structure shall be referred to the office of
historic preservation for a determination of applicability for deconstruction. The director shall
determine, in writing, the construction date, original use, and applicability for deconstruction. If the
provisions of this article apply, the city shall notify the applicant of the director's decision and of the
deconstruction requirements of the demolition permit within ten (10) business days after an
application for demolition permit is filed with the city's development services department. The
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director, at his or her discretion, may refer the applicability of criteria to a property to the historic and
design review commission (HDRC) for a recommendation before a determination is made. An appeal of
the director's decision may be made as set forth in section 12-25 of this article.
(3)Issuance of a permit. A demolition permit for deconstruction shall only be issued to a certified
deconstruction contractor who shall be responsible for the deconstruction activities of the subject
application throughout the period of deconstruction.
(b)Deconstruction requirements. Upon issuance of a permit, a certified deconstruction contractor shall adhere
to the applicable deconstruction requirements and submit to the office of historic preservation the following
forms and documentation for review and approval before the post-work evaluation is performed.
(1)Pre-deconstruction form. The certified deconstruction contractor of a structure subject to
deconstruction under this article shall complete and submit a pre-deconstruction form to the office of
historic preservation.
(2)Post-deconstruction form. The certified deconstruction contractor of a structure subject to
deconstruction under this article shall complete and submit a post-deconstruction form to the office of
historic preservation within ten (10) calendar days after completion of the deconstruction work.
(3)Documentation. The certified deconstruction contractor of a structure subject to deconstruction under
this article shall submit documentation identifying the destination for all materials removed to the
office of historic preservation no more than ten (10) calendar days after completion of the
deconstruction work as part of a complete post-deconstruction form. The office of historic
preservation shall review and approve the documentation before conducting the post-work evaluation.
The certified deconstruction contractor shall be responsible for providing the office of historic
preservation office copies of documentation requirements as provided by staff:
a. Photographs of deconstruction in progress, to be taken weekly at a minimum;
b. Itemized receipt of materials and quantities donated to a nonprofit or community organization;
c. Itemized receipt of materials and quantities sold;
d. Itemized list and photographs of salvaged material that will be re-used on site or at another site;
e. Transaction receipt or weight tickets for the disposal of hazardous material abated during the
course of deconstruction; and
f. Transaction receipts or weight tickets for all materials taken to a transfer facility, material
recovery facility, and/or landfill.
(4)Site posting. The office of historic preservation shall provide the certified deconstruction contractor a
sign(s) when the deconstruction permit is issued. The certified deconstruction contractor shall post the
sign(s) on site before the first day of deconstruction activity and it shall remain on site until the
deconstruction is complete. The sign(s) shall indicate that the structure is being deconstructed and
must provide city contact information for questions or concerns.
a. The sign(s) must remain in place throughout the period of deconstruction;
b. The sign(s) must be placed on each street frontage of the site; and
c. The sign(s) must be posted within five (5) feet of a street lot line and must remain visible to
pedestrians and motorists. Signs are not required along street frontages that are not improved or
not named, and/or do not allow motor vehicle access.
(5)Building removal. Building removal shall be performed by a certified deconstruction contractor as
follows:
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a. Building removal shall be completed within the period of deconstruction;
b. Materials shall be removed by hand to the fullest extent possible while maintaining original sizes
and dimensions;
c. Nails, screws, or items used to secure materials in place shall be removed and prepared for re-
use where feasible; and
d. Removal and disposal of hazardous materials shall be in accordance with this article, and any
other local, state, or federal laws, rules, or regulations.
(6)Salvageable materials. The property owner may re-use, sell, or donate salvage materials from a
deconstruction site before the materials leave the site, provided that the distribution of the materials
meets the documentation requirements under section 12-23(b) of this article. The rules and
procedures outlined in chapter 16, article XIII—Garage sales do not apply to active deconstruction
sites.
(7)Site storage. Materials shall be stored and covered to protect them from exposure to rain and
permeable ground contact during the period of deconstruction. Materials from the deconstructed
building may only be safely stored on site during the period of deconstruction, provided that they are
safely stacked and secured. The property owner shall remove all materials not sold, donated, or re-
used from the deconstruction site by the deconstruction completion date and within the period of
deconstruction.
(8)Deconstruction review. Before post-deconstruction review is approved by the director, the certified
deconstruction contractor of a structure shall submit a post-deconstruction form and all required
documentation to the office of historic preservation.
(c)Site inspections. Upon the written consent of the property owner of the subject application, the director is
authorized to conduct site inspections throughout the period of deconstruction to assure compliance with
this article.
(d)Compliance. Any demolition work that exceeds or violates the provisions of this article shall be subject to
penalties set forth in section 12-26 of this article. Compliance with the provisions of this article does not
exempt the demolition of buildings or structures from any other requirement.
(1) Certified deconstruction contractors shall follow all deconstruction, building related and licensing
requirements, regulations, and laws.
(2) Failure to complete deconstruction, remove materials, and obtain approval of the post-deconstruction
form within the period of deconstruction shall result in the city completing the abatement of the
property at cost of the property owner.
(e)Suspension or revocation of deconstruction certification. In the event a certified deconstruction contractor
fails or refuses to comply with requirements of this article, performs demolition work that exceeds or
violates the deconstruction requirements of the demolition permit issued, or does not complete the
deconstruction activities and documentation of a permit issued under this article, then the director may
suspend or revoke the deconstruction certification of such contractor, cancel all unexecuted permits issued
to such contractor, and stop all work being done by such contractor, and withhold approval of further
permits for deconstruction work until any or all incomplete or defective work of such contractor is fully
completed by such contractor. Suspension or revocation of deconstruction contractor certification is
accomplished by mailing to the holder of such certification a written notice by certified mail stating the
permit or certification is suspended or revoked or by personally delivering to the holder thereof a written
notice stating the permit or certification is suspended or revoked. An appeal of the director's decision may
be made as set forth in section 12-25 of this article.
(Ord. No. 2022-09-08-0668, § 1, 9-8-22)
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Sec. 12-24. Exemptions.
(a)Exemptions. Building conditions, damage, catastrophic events, or other factors may limit suitability for
deconstruction and the amount of material that can be reasonably or safely salvaged. The following are
exempt from the requirements of this article:
(1) A structure is unsuitable for deconstruction because:
a. The structure has been determined to be a clear and imminent danger to life, safety, or property
under San Antonio City Code Chapter 6, Section 6-175, emergency demolitions; or
b. A large majority of material in the structure is not suitable for re-use as determined by the
director upon review of a request from exemption from the certified deconstruction contractor
assigned to the project.
(b)Determination of an exemption. The director will decide exemptions based on evidence submitted as well as
by an inspection of the conditions of the property to confirm unsuitability. Upon determining that the
request for an exemption contains all the required information, the office of historic preservation will
contact the applicant within five (5) business days to request a site visit on a mutually agreed upon date and
time. Within five (5) business days of the site visit, the director will either approve, deny, in whole or in part,
or request additional information. Receipt of requested additional information will be reviewed and a
determination will be made within five (5) days of receipt. The director, at his or her discretion, may refer the
criteria for exemption to the historic and design review commission (HDRC) for a recommendation before a
determination is made. The director's decision may be appealed in accordance with section 12-25 of this
article.
(Ord. No. 2022-09-08-0668, § 1, 9-8-22)
Sec. 12-25. Appeals.
(a)Notice of appeal. An appeal of the director's decision may be made by the property owner of the subject
application. The property owner shall file a notice of appeal with the office of historic preservation within ten
(10) business days after the issuance of the director's decision. Upon receipt of a notice of appeal, the
director shall transmit to the board of adjustment for the City of San Antonio all original documents and
materials, or true copies thereof, constituting the record upon which the decision appealed from was based.
(b)Appeal hearing. The board of adjustment (BOA) shall decide the appeal within sixty (60) days after receipt of
a notice of appeal. The property owner may appear at the appeal hearing in person or by agent or attorney.
The BOA shall consider the same criteria as the director. The BOA may reverse or affirm, in whole or in part,
or modify the director's decision by the concurring vote of seventy-five (75) percent of the members.
(c)Building standards board. Notwithstanding any other language in this section, demolition orders issued by
the building standards board (BSB) requiring compliance with this article shall follow appeal procedures in
accordance with chapter 6, article VIII, section 6-173 of the City Code.
(Ord. No. 2022-09-08-0668, § 1, 9-8-22)
Sec. 12-26. Violations, penalties, and enforcement.
(a)Violations. It shall be unlawful for a person to fail to adhere to any provision of this article. Each violation of a
particular section of this article shall constitute a separate offense, and each day an offense continues shall
be considered a new violation for purposes of enforcing this article.
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(b)Penalties.
(1)Criminal. A conviction for violation of any provision of this article shall constitute a Class C
misdemeanor. A person convicted of a violation shall be fined an amount not to exceed five hundred
dollars ($500.00) per violation. A culpable mental state is not required to prove an offense under this
article.
(2)Civil. A person found liable for violation of any provision of this article shall be subject to a civil penalty
in an amount not to exceed one thousand dollars ($1,000.00) per violation.
(3)Administrative. The director, at his or her discretion, is authorized to take any and all appropriate
administrative actions against violators of this chapter and upon a finding thereof, including but not
limited to recommendations that registrations to conduct business within the city be revoked for a set
length of time, revocations of certificates of deconstruction, and denial or revocation of present and
future permits for a set length of time. Appeals of any administrative action taken will follow the
process set forth in their respective chapters.
(c) Nothing in this article shall limit the remedies available to the city as provided by law in seeking to enforce
this Deconstruction Code. The director shall have authority to designate trained personnel to issue notices of
violation and to make accompanying affidavits to enforce this Code for the benefit of the public health,
safety, and welfare.
(Ord. No. 2022-09-08-0668, § 1, 9-8-22)
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Minnesota Model Shoreland Management Ordinance
Introduction
This model is intended to help local governments develop new shoreland ordinances and amend existing ordinances. This model ordinance is consistent with Minnesota’s
shoreland management rules (6120.2500 – 6120.3800). The model ordinance includes some provisions that differ from those in rule. This is because the model is periodically
updated to be consistent with changes made to statute and other agency rules since the rules were published in 1989. The model also contains administrative language not in
rule to help clarify and administer provisions in the ordinance.
Blue bold text in the “Ordinance Language” column indicates any language that provides clarity on topics not sufficiently addressed in rule, or reflects a higher standard than the
minimum in rule. This text is“optional” and is identified as such in the “Commentary” column.. Higher standards may be additions to or deletions from the rules.
Key Protection Provisions
Some shoreland ordinance provisons provide greater levels of shoreland protection than other provisions.Many of these “key protection provisions” deal with dimensional
standards. Some of these provisions may not be applicable in all communities. If they are applicable, they must be as strict as the model language, otherwise deviations must be
approved by the DNR consistent with the implementation flexibility criteria in rule (6120.2800 Subp. 3). Approval to deviate from key protection provisions usually requires some
type of offsetting higher standard on another provison in the ordinance, and must be negotiated and documented in an agreemend with the DNR before the DNR will provide
conditional approval of the ordinance or ordinance amendment.
Black bold text in the “Ordinance Language” column identifies key protection provisions. (Note that the first word or phrase in all provisions is bolded for document formatting
consistency).
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4a3
Contents
1.0 STATUTORY AUTHORIZATION AND POLICY _____________________________________________________________________________ 1
2.0 GENERAL PROVISIONS AND DEFINITIONS _______________________________________________________________________________ 1
3.0 ADMINISTRATION _________________________________________________________________________________________________ 9
4.0 SHORELAND CLASSIFICATION SYSTEM AND LAND USES __________________________________________________________________ 11
5.0 SPECIAL LAND USE PROVISIONS _____________________________________________________________________________________ 15
6.0 DIMENSIONAL AND GENERAL PERFORMANCE STANDARDS _______________________________________________________________ 17
7.0 PERFORMANCE STANDARDS FOR PUBLIC AND PRIVATE FACILITIES _________________________________________________________ 25
8.0 VEGETATION AND LAND ALTERATIONS _______________________________________________________________________________ 26
9.0 SUBDIVISION/PLATTING PROVISIONS _________________________________________________________________________________ 30
10.0 PLANNED UNIT DEVELOPMENTS (PUDs) _____________________________________________________________________________ 31
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Ordinance Language Commentary
1.0 STATUTORY AUTHORIZATION AND POLICY
1.1 Statutory Authorization. This shoreland ordinance is adopted pursuant to the authorization and policies
contained in Minnesota Statutes, Chapter 103F, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the
planning and zoning enabling legislation in Minnesota Statutes, Chapter 394 (for counties) or Chapter 462 (for
municipalities).
1.2 Policy. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate
the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the
quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide
for the wise use of waters and related land resources. This responsibility is hereby recognized by (insert name of
Community).
2.0 GENERAL PROVISIONS AND DEFINITIONS
2.1 Jurisdiction. The provisions of this ordinance apply to the shorelands of the public water bodies as classified in
Section 4.1 of this ordinance, and to the shorelands of public water bodies greater than 10 acres in
unincorporated areas in which the city has, by ordinance, extended the application of its zoning regulations as
provided by Minnesota Statute, Chapter 462.357 Subd 1. Pursuant to Minnesota Regulations, Parts 6120.2500 -
6120.3900, no lake, pond, or flowage less than 10 acres in size in municipalities or 25 acres in size in
unincorporated areas need be regulated in a local government’s shoreland regulations. A body of water created
by a private user where there was no previous shoreland may, at the discretion of the governing body, be
exempt from this ordinance.
2.2 Enforcement. The (insert name of local government or designated official) is responsible for the administration
and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any
of its requirements (including violations of conditions and safeguards established in connection with grants of
variances or conditional uses constitutes a misdemeanor and is punishable as defined by law. Violations of this
ordinance can occur regardless of whether or not a permit is required for a regulated activity listed in Section 3.2
of this ordinance.
2.3 Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid
by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.
2.4 Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions,
the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby
repealed to the extent of the inconsistency only.
2.5 Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to
give them the same meaning they have in common usage and to give this ordinance its most reasonable
1.1. Ensures that LGU authority to administer and
enforce the ordinance is connected to state
regulatory policy.
1.2. Reinforces the responsibility of local
governments to regulate shorelands in their
jurisdiction.
2.1. Identifies the size of waterbodies that must be
included in the ordinance as directed by rule. Water
bodies meeting these thresholds must be listed in
Section 4.0. Optional provision for cities that have
extra-territorial zoning authority.
2.2 – 2.4. If these provisions are already included in
the zoning ordinance, they are not needed.
2.5. These definitions are the minimum necessary for
a compliant ordinance. Some definitions may not be
needed if a given feature or land use is not present or
not allowed in the community.
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Ordinance Language Commentary
application. For the purpose of this ordinance, the words “must” and “shall” are mandatory and not permissive.
All distances, unless otherwise specified, are measured horizontally.
2.511 Accessory structure or facility. Any building or improvement subordinate to a principal use.
2.512 Animal feedlot. A facility as defined by Minnesota Rules, part 7020.0300.
2.513 Bluff. A topographic feature such as a hill, cliff, or embankment having 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 toe of bluff;
C.The grade of the slope from the toe of the bluff to a point 25 feet or more above the toe of the bluff
averages 30 percent or greater, except that an area with an average slope of less than 18 percent
over a distance of at least 50 feet shall not be considered part of the bluff; and
D.The slope must drain toward the waterbody.
2.514 Bluff impact zone. A bluff and land located within 20 feet of the top of a bluff.
2.513. The DNR’s bluff mapping tool, a GIS script, is
available for download from the Minnesota
Geospatial Commons. This tool is helpful for
identifying bluffs for general mapping and planning
purposes.
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Ordinance Language Commentary
2.515 Bluff, Toe of. The lower point of a 50-foot segment with an average slope exceeding 18 percent or the
ordinary high water level, whichever is higher.
2.516 Bluff, Top of. For the purposes of measuring setbacks, the higher point of a 50-foot segment with an
average slope exceeding 18 percent.
2.517 Boathouse. A facility as defined by Minnesota Statutes Section 103G.245.
2.518 Buffer. A vegetative feature as defined by Minnesota Statutes, Section 103F.48.
2.519 Building line. A line parallel to a lot line or the ordinary high water level at the required setback beyond
which a structure may not extend.
2.520 Controlled access lot. A lot used to access public waters or as a recreation area for owners of nonriparian
lots within the same subdivision containing the controlled access lot.
2.521 Commercial planned unit developments. Developments that provide transient, short-term lodging
spaces, rooms, or parcels and their operations are essentially service-oriented. For example, hotel/motel
accommodations, resorts, recreational vehicle and camping parks, and other primarily service-oriented
activities are commercial planned unit developments.
2.522 Commercial use. The principal use of land or buildings for the sale, lease, rental, or trade of products,
goods, and services.
2.523 Commissioner. The commissioner of the Department of Natural Resources.
2.524 Conditional use. A land use or development as defined by ordinance that would not be appropriate
generally but may be allowed with appropriate restrictions upon a finding that certain conditions as
detailed in the zoning ordinance exist, the use or development conforms to the comprehensive land use
plan of the community, and the use is compatible with the existing neighborhood.
2.525 Deck. A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other
features, attached or functionally related to a principal use or site and at any point extending more than
three feet above ground.
2.526 Duplex, triplex, and quad. A dwelling structure on a single lot, having two, three, and four units,
respectively, attached by common walls and each unit equipped with separate sleeping, cooking, eating,
living, and sanitation facilities.
2.527 Dwelling site. A designated location for residential use by one or more persons using temporary or
movable shelter, including camping and recreational vehicle sites.
2.528 Dwelling unit. Any structure or portion of a structure, or other shelter designed as short- or long-term
living quarters for one or more persons, including rental or timeshare accommodations such as motel,
hotel, and resort rooms and cabins.
2.517. Boathouses are prohibited by statute, and are
different than water-oriented accessory structures
(2.558) which are allowed in the rules.
2.525. Any feature meeting this definition is also a
structure (see structure definition) and then must
meet structure setbacks.
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Ordinance Language Commentary
2.529 Extractive use. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals,
other nonmetallic minerals, and peat not regulated under Minnesota Statutes, Sections 93.44 to 93.51.
2.530 Forest land conversion. The clear cutting of forested lands to prepare for a new land use other than
reestablishment of a subsequent forest stand.
2.531 Guest cottage. A structure used as a dwelling unit that may contain sleeping spaces and kitchen and
bathroom facilities in addition to those provided in the primary dwelling unit on a lot.
2.532 Height of building. The vertical distance between the highest adjoining ground level at the building or ten
feet above the lowest adjoining ground level, whichever is lower, and the highest point of a flat roof or
average height of the highest gable of a pitched or hipped roof.
2.533 Impervious surface. A constructed hard surface that prevents or retards entry of water into the soil and
causes water to run off the surface in greater quantities and at an increased rate of flow than prior to
development, including rooftops; decks; sidewalks; patios; swimming pools; parking lots; concrete,
asphalt, or gravel driveways; and other similar surfaces.
2.534 Industrial use. The use of land or buildings for the production, manufacture, warehousing, storage, or
transfer of goods, products, commodities, or other wholesale items.
2.533. Optional definition. An impervious surface
definition is not in rule, but is very helpful for
administering the required impervious surface
standards in Section 8.4 of this model. This definition
was developed as part of the 2010 shoreland rule
update project, which, although never adopted, many local governments found to be helpful. Gravel
driveways are defined as impervious since soils
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Ordinance Language Commentary
2.535 Intensive vegetation clearing. The complete removal of trees or shrubs in a contiguous patch, strip, row,
or block.
2.536 Lot. A parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other
accepted means and separated from other parcels or portions by said description for the purpose of sale,
lease, or separation.
2.537 Lot width. The minimum distance between:
A.Side lot lines measured at the midpoint of the building line; and
B.Side lot lines at the ordinary high water level, if applicable.
2.538 Metallic minerals and peat. “Metallic minerals and peat” has the meaning given under Minnesota
Statutes, Sections 93.44 to 93.51.
2.539 Nonconformity. Any legal use, structure or parcel of land already in existence, recorded, or authorized
before the adoption of official controls or amendments to those controls that would not have been
permitted to become established under the terms of the official controls as now written.
2.540 Ordinary high water level. The boundary of public waters and wetlands, and shall be an elevation
delineating the highest water level which has been maintained for a sufficient period of time to leave
become compacted after use and impair infiltration
of water, and they are often paved over by property
owners without need for a permit.
2.540. This is the same definition as 103G.005 Subd.
14.
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Ordinance Language Commentary
evidence upon the landscape, commonly that point where the natural vegetation changes from
predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the
elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level
is the operating elevation of the normal summer pool.
2.541 Planned unit development. A type of development characterized by a unified site design for a number of
dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving
clustering of these units or sites to provide areas of common open space, density increases, and a mix of
structure types and land uses. These developments may be organized and operated as condominiums,
time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination
of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment
buildings, dwelling grounds, recreational vehicle parks, resorts, hotels, motels, and conversions of
structures and land uses to these uses.
2.542 Public waters. Any water as defined in Minnesota Statutes, Section 103G.005, Subd. 15, 15a.
2.543 Residential planned unit development. A use where the nature of residency is nontransient and the
major or primary focus of the development is not service-oriented. For example, residential apartments,
manufactured home parks, time-share condominiums, townhouses, cooperatives, and full fee ownership
residences would be considered as residential planned unit developments. To qualify as a residential
planned unit development, a development must contain at least five dwelling units or sites.
2.544 Resort. “Resort” has the meaning in Minnesota Statute, Section 103F.227.
2.545 Semipublic use. The use of land by a private, nonprofit organization to provide a public service that is
ordinarily open to some persons outside the regular constituency of the organization.
2.546 Setback. The minimum horizontal distance between a structure, sewage treatment system, or other
facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway,
property line, or other facility.
2.547 Sewage treatment system. “Sewage treatment system” has the meaning given under Minnesota Rules,
part 7080.1100, Subp. 82.
2.548 Sewer system. Pipelines or conduits, pumping stations, and force main, and all other construction,
devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to
a point of ultimate disposal.
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Ordinance Language Commentary
2.549 Shore impact zone. Land located between the ordinary high water level of a public water and a line
parallel to it at a setback of 50 percent of the structure setback.
2.550 Shoreland. “Shoreland” means land located within the following distances from public waters:
A.1,000 feet from the ordinary high water level of a lake, pond, or flowage; and
B.300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a
river or stream, whichever is greater.
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Ordinance Language Commentary
2.551 Shore recreation facilities. Swimming areas, docks, watercraft mooring areas and launching ramps and
other water recreation facilities.
2.552 Significant historic site. Any archaeological site, standing structure, or other property that meets the
criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic
Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes,
Section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is
determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the
director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be
significant historic sites.
2.553 Steep slope. Land where agricultural activity or development is either not recommended or described
as poorly suited due to slope steepness and the site’s soil characteristics, as mapped and described in
available county soil surveys or other technical reports, unless appropriate design and construction
techniques and farming practices are used in accordance with the provisions of this ordinance. Where
specific information is not available, steep slopes are lLands having average slopes over 12 percent, as
measured over horizontal distances of 50 feet or more, which are not bluffs.
2.554 Structure. 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.
2.555 Subdivision. Land that is divided for the purpose of sale, rent, or lease, including planned unit
developments.
2.556 Suitability analysis. An evaluation of land to determine if it is appropriate for the proposed use. The
analysis considers factors relevant to the proposed use and may include the following features:
susceptibility to flooding; existence of wetlands; soils, erosion potential; slope steepness; water supply,
sewage treatment capabilities; water depth, depth to groundwater and bedrock, vegetation, near-shore
aquatic conditions unsuitable for water-based recreation; fish and wildlife habitat; presence of significant
historic sites; or any other relevant feature of the natural land.
2.557 Variance. “Variance” means the same as that defined in Minnesota Statutes, Section 394.27 Subd. 7 (for
counties) or Section 462.357 Subd. 6 (2) (for municipalities).
2.558 Water-oriented accessory structure or facility. A small, above ground building or other improvement,
except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to
surface water , reasonably needs to be located closer to public waters than the normal structure setback.
Examples of such structures and facilities include, watercraft and watercraft equipment storage
structures, gazebos, screen houses, fish houses, pump houses, saunas, patios, and detached decks.
Boathouses and boat storage structures given the meaning under Minnesota Statutes, Section 103G.245
are not a water-oriented accessory structures.
2.553. Optional deletion. This is a difficult definition
to administer. Simplifying this definition to include
only average slopes over 12% will make
administration easier and improve resource
protection.
2.558. Optional addition. Local governments may
consider saunas and patios as water-oriented
accessory structures (WOAS). This may help clarify
administration. The treatment of patios, specifically,
in the shore impact zone (SIZ) is a common source of
confusion. As a WOAS, patios could be allowed in the
SIZ and counted towards the size limitation of WOAS in Section 7.3.
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2.559 Water-dependent use. The use of land for commercial, industrial, public or semi-public purposes, where
access to and use of a public water is an integral part of the normal conduct of operation. Marinas,
resorts, and restaurants with transient docking facilities are examples of commercial uses typically found
in shoreland areas.
2.559 Wetland. “Wetland” has the meaning given under Minnesota Rule, part 8420.0111.
3.0 ADMINISTRATION
3.1 Purpose. The purpose of this Section is to identify administrative provisions to ensure the ordinance is
administered consistent with its purpose.
3.2 Permits.
3.21 A permit is required for the construction of buildings or building additions (including construction of
decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and
filling activities not exempted by Section 8.3 of this ordinance.
3.22 A certificate of compliance, consistent with Minnesota Rules Chapter 7082.0700 Subp. 3, is required
whenever a permit or variance of any type is required for any improvement on or use of the property.
A sewage treatment system shall be considered compliant if the only deficiency is the system’s improper
setback from the ordinary high water level.
3.3 Application materials. Application for permits and other zoning applications such as variances shall be made to
the (insert designated official) on the forms provided. The application shall include the necessary information so
that the (insert designated official) can evaluate how the application complies with the provisions of this
ordinance.
3.4 Certificate of Zoning Compliance. The (insert designated official) shall issue a certificate of zoning compliance
for each activity requiring a permit as specified in Section 3.2 of this ordinance. This certificate will specify that
the use of land conforms to the requirements of this ordinance. Any use, arrangement, or construction at
variance with that authorized by permit shall be deemed a violation of this ordinance and shall be punishable as
provided in Section 2.2 of this ordinance.
3.5 Variances. Variances may only be granted in accordance with Minnesota Statutes, Section 394.27 (for counties)
or Section 462.357 (for municipalities) and are subject to the following:
3.51 A variance may not circumvent the general purposes and intent of this ordinance; and
3.52 For properties with existing sewage treatment systems, a certificate of compliance, consistent with
Minnesota Rules Chapter 7082.0700 Subp. 3, is required for variance approval. A sewage treatment
system shall be considered compliant if the only deficiency is the system’s improper setback from the
ordinary high water level.
3.1. All purpose statements in the model are optional
but strongly encouraged. They help explain the intent
of zoning provisions, which is useful to local
governments for explaining provisions to property
owners and developing findings for variance
decisions.
3.5. The statutory criteria for evaluating variance
applications are broad, one-size-fits-all, for use with
all variances. Variances to shoreland protection
standards affect public waters, resources to be
protected for all state residents. Because of the
special status of these waters, communities may
want to establish special criteria for evaluating
shoreland variances to ensure variances do not
adversely affect public water resources.
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3.6 Conditional Uses. All conditional uses in the shoreland area are subject to a thorough evaluation of the
waterbody and the topographic, vegetation, and soil conditions to ensure:
3.61 The prevention of soil erosion or other possible pollution of public waters, both during and after
construction;
3.62 The visibility of structures and other facilities as viewed from public waters is limited;
3.63 There is adequate water supply and on-site sewage treatment; and
3.64 The types, uses, and numbers of watercraft that the project will generate are compatible in relation to
the suitability of public waters to safely accommodate these watercraft.
3.7 Mitigation.
3.71 In evaluating all variances, conditional uses, zoning and building permit applications, the zoning authority
shall require the property owner to address, when appropriate, the following conditions, when related to
and proportional to the impact, to meet the purpose of this ordinance, to protect adjacent properties,
and the public interest:
A.Advanced storm water runoff management treatment;
B.Reducing impervious surfaces;
C.Increasing setbacks from the ordinary high water level;
D.Restoration of wetlands;
E.Limiting vegetation removal and/or riparian vegetation restoration;
F.Provisions for the location, design, and use of structures, sewage treatment systems, water supply
systems, watercraft launching and docking areas, and parking areas; and
G.Other conditions the zoning authority deems necessary.
3.72 In evaluating plans to construct sewage treatment systems, roads, driveways, structures, or other
improvements on steep slopes, conditions 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 shall be attached to permits.
3.8 Nonconformities.
3.81 All legally established nonconformities as of the date of this ordinance may continue, but will be
managed according to Minnesota Statutes, Sections 394.36 Subd. 5 (for counties) and 462.357 Subd. 1e
(for cities) and other regulations of this community for alterations and additions; repair after damage;
discontinuance of use; and intensification of use.
3.71. This language is consistent with Minnesota
Statute, sections 394.36 Subd. 5(f) (counties) and
462.357 Subd. 1e(i)(municipalities). Conditions come
verbatim from statute or are a slight modification of
statutory conditions and those from 6120.3900 Subp.
3A (b). Optional deletion provides stronger authority
to apply conditions. The phrase “when related to and
proportional to the impact” makes clear that
conditions will be appropriately applied.
3.81. Variances to statutory requirements (394.36
Subd. 5 (d) or 462.357 Subd. 1e (g)) to combine
contiguous nonconforming lots under common
ownership are prohibited.
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3.82 All additions or expansions to the outside dimensions of an existing nonconforming structure must meet
the setback, height, and other requirements of Sections 5.0 to 8.0 of this ordinance. Any deviation from
these requirements must be authorized by a variance.
3.9 Notifications to the Department of Natural Resources.
3.91 All amendments to this shoreland ordinance must be submitted to the Department of Natural Resources
for review and approval for compliance with the statewide shoreland management rules. The (insert
local government name) will submit the proposed ordinance amendments to the commissioner or the
commisssioner’s designated representative at least 30 days before any scheduled public hearings.
3.92 All notices of public hearings to consider variances, ordinance amendments, or conditional uses under
shoreland management controls must be sent to the commissioner or the commissioner’s designated
representative at least ten (10) days before the hearings. Notices of hearings to consider proposed
subdivisions/plats must include copies of the subdivision/plat.
3.93 All approved ordinance amendments and subdivisions/plats, and final decisions approving variances or
conditional uses under local shoreland management controls must be sent to the commissioner or the
commissioner’s designated representative and postmarked within ten days of final action. When a
variance is approved after the Department of Natural Resources has formally recommended denial in the
hearing record, the notification of the approved variance shall also include the summary of the public
record/testimony and the findings of facts and conclusions which supported the issuance of the variance.
3.94 Any request to change the shoreland management classification of public waters within (insert local
government name) must be sent to the commissioner or the commissioner’s designated representative
for approval, and must include a resolution and supporting data as required by Minnesota Rules, part
6120.3000, subp.4.
3.95 Any request to reduce the boundaries of shorelands of public waters within (insert local government
name) must be sent to the commissioner or the commissioner’s designated representative for approval
and must include a resolution and supporting data The boundaries of shorelands may be reduced when
the shoreland of water bodies with different classifications overlap. In these cases, the topographic divide
between the water bodies shall be used for adjusting the boundaries.
3.10 Mandatory EAW. An Environmental Assessment Worksheet consistent with Minnesota Rules, Chapter 4410
must be prepared for projects meeting the thresholds of Minnesota Rules, part 4410.4300, Subparts 19a, 20a, 25,
27, 28, 29, and 36a.
4.0 SHORELAND CLASSIFICATION SYSTEM AND LAND USES
4.1 Shoreland Classification System.
3.82. Consistent with Minnesota Statutes, sections
394.36, Subd. 4 (counties) and 462.357, Subd. 1e
(municipalities).
3.9. DNR’s preferred notification method is via email
to the appropriate DNR Area Hydrologist.
3.91. Submittal of ordinances and amendments to
the DNR is required under statute. The optional
language provides for submittal of amendments
earlier than the 10 day notification required of public
hearings (Section 3.92). Submittal of amendments 30
days prior to public hearing is mutually beneficial; it
provides DNR with sufficient time to complete a
review and make an approval decision in time for
public hearings, thus minimizing delays in the local
government’s adoption schedule.
3.94. Reclassifications require a formal request, and
are usually only approved to correct an error in the
original classification. Provisions for implementation
flexibility (6120.2800, Subp. 3), rather than
reclassification, may be used for requesting changes
in standards for certain areas. Local governments
may also adopt special protection classifications, a
useful approach for applying higher standards
around waters in need of greater protection.
3.10. Mandatory EAWs are required for many
projects in shorelands. In most cases, the local
government is the Responsible Government Unit
(RGU) for completing the EAW.
4.1. The ordinance must list all public water
shoreland within the community’s jurisdiction including public waters not in the jurisdiction but with
surrounding shoreland that is in the jurisdiction.
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4.11 Purpose. To ensure that shoreland development on the public waters of (insert local government name)
is regulated consistent with the classifications assigned by the commissioner under Minnesota Rules, part
6120.3300.
4.12 The shoreland area for the waterbodies listed in Sections 4.13 to 4.15 are defined in Section 2.550 and
are shown on the Official Zoning Map.
4.13 Lakes are classified as follows:
Lake Classification DNR Public Waters I.D. #
General Development
(Insert lake name) (Insert DNR Public Waters I.D. #)
(Insert lake name) (Insert DNR Public Waters I.D. #)
Recreational Development
(Insert lake name) (Insert DNR Public Waters I.D. #)
(Insert lake name) (Insert DNR Public Waters I.D. #)
Natural Environment
(Insert lake name) (Insert DNR Public Waters I.D. #)
(Insert lake name) (Insert DNR Public Waters I.D. #)
4.14 Rivers and Streams are classified as follows:
River and Stream Classification Legal Description
Urban
(Insert river/stream name) (Insert legal description)
(Insert river/stream name) (Insert legal description)
Agricultural
(Insert river/stream name) (Insert legal description)
(Insert river/stream name) (Insert legal description)
Transition
(Insert river/stream name) (Insert legal description)
(Insert river/stream name) (Insert legal description)
Forested
(Insert river/stream name) (Insert legal description)
(Insert river/stream name) (Insert legal description)
Remote
(Insert river/stream name) (Insert legal description)
(Insert river/stream name) (Insert legal description)
4.12. Optional provision. It is helpful to show the
shoreland areas for lakes and rivers on the zoning
map along with their classifications.
4.13. Cities must list lakes that are 10 or more acres,
and counties 25 or more acres (Minnesota Rules, part
6120.2500, Subp. 13). Cities that annex land or
townships that incorporate with lakes that are 10
acres or more must amend their ordinances to
include those lakes. List lakes along with the DNR
public waters ID number.
4.14. List river names here along with township,
range and section number of the river reach.
Optional. Communities with sensitive shorelines or
waters that are at risk to degradation due to
nonpoint source nutrient pollution may designate
those waters (lakes and rivers) with a special
protection classification and regulate the shoreland
of those waters with more restrictive development
standards such as lot area, setback, riparian buffers,
etc.
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4.15 All public rivers and streams shown on the Public Waters Inventory Map for (insert name of county), a
copy of which is adopted by reference, not given a classification in Section 4.14 shall be considered
“Tributary.”
4.2 Land Uses.
4.21 Purpose. To identify land uses that are compatible with the protection and preservation of shoreline
resources in order to conserve the economic and environmental values of shoreland and sustain water
quality.
4.22 Shoreland district land uses listed in Sections 4.23 and 4.24 are regulated as:
A.Permitted uses (P). These uses are allowed, provided all standards in this ordinance are followed;
B.Conditional uses (C). These uses are allowed through a conditional use permit. The use must be
evaluated according to the criteria in Section 3.6 of this ordinance and any additional conditions
listed in this ordinance; and
C.Not permitted uses (N). These uses are prohibited.
4.23 Land uses for lake classifications:
Land Uses General
Development
Recreational
Development
Natural
Environment
Single residential P P P
Duplex, triplex, quad residential P P C
Residential PUD C C C
Water-dependent commercial - As accessory to a residential
planned unit development
C C C
Commercial P P C
Commercial PUD - Limited expansion of a commercial planned unit
development involving up to six additional dwelling units or sites
may be allowed as a permitted use provided the provisions of
Section 10.0 of this ordinance are satisfied.
C C C
Parks & historic sites C C C
Public, semipublic P P C
4.15. Instead of this provision, local governments
may list all tributaries in the table in Section 4.14,
and/or provide a map of all watercourses subject to
the tributary class. This is a practical alternative if the
number of tributaries is relatively small.
4.22. Land uses in the shoreland district are listed as
permitted, not permitted, or conditional for each
water body classification. Land uses for each lake
classification are in Section 4.23, and uses for each
river classification are in 4.24.
Local governments may further clarify if the listed
“permitted” uses are allowed with or without a
permit. Uses listed as “conditional” require a
Conditional Use Permit (CUP). Underlying zoning
should be consistent with these uses to alleviate
potential conflicts.
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Industrial C C N
Agricultural: cropland and pasture P P P
Agricultural feedlots - New N N N
Agricultural feedlots - Expansion or resumption of existing C C C
Forest management P P P
Forest land conversion C C C
Extractive use C C C
Mining of metallic minerals and peat P P P
4.24 Land uses for river and stream classifications:
Land Uses Remote Forested Transition Agriculture Urban Tributary
Single residential P P P P P P
Duplex, triplex, quad residential C P P P P P
Residential PUD C C C C C C
Water-dependent commercial - As accessory to a
residential planned unit development
C C C C C C
Commercial C C C C P P
Commercial PUD - Limited expansion of a
commercial PUDs involving up to six additional
dwelling units or sites may be allowed as a
permitted use provided the provisions of Section
10.0 of this ordinance are satisfied.
C C C C C C
Parks & historic sites C C C C C C
Public, semipublic C C C C P P
Industrial N C N N C C
New feedlots are prohibited in shorelands per
Minnesota Rules, part 7020.
Minnesota statute 116.0711 allows the resumption of
existing feedlots.
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Agricultural: cropland and pasture P P P P P P
Agricultural feedlots - New N N N N N N
Agricultural feedlots - Expansion or resumption
of existing
C C C C C C
Forest management P P P P P P
Forest land conversion C C C C C C
Extractive use C C C C C C
Mining of metallic minerals and peat P P P P P P
5.0 SPECIAL LAND USE PROVISIONS
5.1 Commercial, Industrial, Public, and Semipublic Use Standards.
5.11 Water-dependent uses may be located on parcels or lots with frontage on public waters provided that:
A. The use complies with provisions of Section 7.0;
B.The use is designed to incorporate topographic and vegetative screening of parking areas and
structures;
C.Uses that require short-term watercraft mooring for patrons must centralize these facilities and
design them to avoid obstructions of navigation and to be the minimum size necessary to meet the
need; and
D.Uses that depend on patrons arriving by watercraft may use signs and lighting, provided that:
(1)Signs placed in or on public waters must only convey directional information or safety messages
and may only be placed by a public authority or under a permit issued by the county sheriff; and
(2)Signs placed within the shore impact zone are:
(a)No higher than ten feet above the ground, and no greater than 32 square feet in size; and
(b)If illuminated by artificial lights, the lights must be shielded or directed to prevent
illumination across public waters; and
New feedlots are prohibited in shorelands per
Minnesota Rules, part 7020.
Minnesota statute 116.0711 allows the resumption of
existing feedlots.
5.0. The uses and their special conditions in this
section must be in the shoreland ordinance if the use
is allowed. If not, the provision may be excluded from
this section, however, it should be added to the land
use tables in 4.23 and 4.24 and listed as “N.” Note
that some of these uses are conditional uses and
must be identified as such in use tables 4.23 and 4.24.
5.11.D. This provision was modified from rules for
consistency with the Supreme Court decision in Reed
vs Town of Gilbert regarding the first amendment
and signage.
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(3)Other lighting may be located within the shore impact zone or over public waters if it is used to
illuminate potential safety hazards and is shielded or otherwise directed to prevent direct
illumination across public waters. This does not preclude use of navigational lights.
5.12 Commercial, industrial, public, and semi-public uses that are not water-dependent must be located on
lots or parcels without public waters frontage, or, if located on lots or parcels with public waters
frontage, must either be set back double the ordinary high water level setback or be substantially
screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
5.2 Agriculture Use Standards.
5.21 Buffers.
A.The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to
and 50 feet from the ordinary high water level.
B.General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild
crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are
maintained in perennial vegetation or operated under an approved conservation plan that includes
alternative riparian water quality practices consistent with the field office technical guides of the
local soil and water conservation district or the Natural Resource Conservation Service, and as
approved by the local soil and water conservation district.
5.22 New animal feedlots are not allowed in shoreland. Modifications or expansions to existing feedlots or
resumption of old feedlots are conditional uses and must meet the following standards:
A.Feedlots must be designed consistent with Minnesota Rules, Chapter 7020;
B.Feedlots must not further encroach into the existing ordinary high water level setback or the bluff
impact zone and must not expand to a capacity of 1,000 animal units or more; and,
C.Old feedlots not currently in operation may resume operation consistent with Minnesota Statutes,
Section 116.0711.
5.3 Forest Management Standards.
5.31 The harvesting of timber and associated reforestation must be conducted consistent with the applicable
provisions of the Sustaining Minnesota Forest Resources: Voluntary Site-Level Forest Management
Guidelines for Landowners, Loggers and Resource Managers.
5.32 Intensive vegetation clearing for forest land conversion to another use is a conditional use subject to an
erosion control and sedimentation plan developed and approved by the soil and water conservation
district.
5.4 Extractive Use Standards. Extractive uses are conditional uses and must meet the following standards:
5.21. The DNR will consider a 50-foot average, 30-
foot minimum buffer and language defining
alternative water quality practices consistent with
Minnesota Statutes, section 103F.48 as being
consistent with 6120.3300, Subp. 7. Please see
guidance and model langauge for acceptable
language..
5.21.B. Optional deletion. Eliminating the option to
use alternative practices instead of the required
buffer will reduce nutrient runoff and improve surface
water quality.
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5.41. Site Development and Restoration Plan. A site development and restoration plan must be developed,
approved, and followed over the course of operation. The plan must:
A. Address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated
vegetation and topographic alterations;
B.Identify actions to be taken during operation to mitigate adverse environmental impacts, particularly
erosion; and
C.Clearly explain how the site will be rehabilitated after extractive activities end.
5.42 Setbacks for Processing Machinery. Processing machinery must meet structure setback standards from
ordinary high water levels and from bluffs.
5.5 Metallic Mining Standards. Mining of metallic minerals and peat is a permitted use provided the provisions of
Minnesota Statutes, Sections 93.44 to 93.51, are satisfied.
6.0 DIMENSIONAL AND GENERAL PERFORMANCE STANDARDS
6.1 Purpose. To establish dimensional and performance standards that protect shoreland resources from impacts of
development.
6.2 Lot Area and Width Standards. After the effective date of this ordinance, all new lots must meet the minimum
lot area and lot width requirements in Sections 6.25 and 6.26, subject to the following standards:
6.21 Only lands above the ordinary high water level can be used to meet lot area and width standards;
6.22 Lot width standards must be met at both the ordinary high water level and at the building line;
6.23 The sewer lot area dimensions can only be used if publicly owned sewer system service is available to
the property;
6.24 Residential subdivisions with dwelling unit densities exceeding those in Sections 6.25 and 6.26 are
allowed only if designed and approved as residential PUDs under Section 10.0 of this ordinance; and
6.25 Lake Minimum Lot Area and Width Standards:
General Development – No Sewer
Riparian Nonriparian
Lot Area (sf) Lot Width (ft) Lot Area (sf) Lot Width (ft)
Single 20,000 100 40,000 150
Duplex 40,000 180 80,000 265
6.25. Local governments may want to require larger
lot area and width standards than those listed. Larger
lots reduce density and risk of surface water use
overcrowding and preserve lakeshore character.
Larger lots also reduce the amount of development
and impervious surfaces along sensitive shorelines
providing protection to waters sensitive to nutrient
pollution.
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Triplex 60,000 260 120,000 375
Quad 80,000 340 160,000 490
General Development – Sewer
Riparian Nonriparian
Lot Area (sf) Lot Width (ft) Lot Area (sf) Lot Width (ft)
Single 15,000 75 10,000 75
Duplex 26,000 135 17,500 135
Triplex 38,000 195 25,000 190
Quad 49,000 255 32,500 245
Recreational Development – No Sewer
Riparian Nonriparian
Lot Area (sf) Lot Width (ft) Lot Area (sf) Lot Width (ft)
Single 40,000 150 40,000 150
Duplex 80,000 225 80,000 265
Triplex 120,000 300 120,000 375
Quad 160,000 375 160,000 490
Recreational Development – Sewer
Riparian Nonriparian
Lot Area (sf) Lot Width (ft) Lot Area (sf) Lot Width (ft)
Single 20,000 75 15,000 75
Duplex 35,000 135 26,000 135
Triplex 50,000 195 38,000 190
Quad 65,000 255 49,000 245
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Natural Environment – No Sewer
Riparian Nonriparian
Lot Area (sf) Lot Width (ft) Lot Area (sf) Lot Width (ft)
Single 80,000 200 80,000 200
Duplex 120,000 300 160,000 400
Triplex 160,000 400 240,000 600
Quad 200,000 500 320,000 800
Natural Environment – Sewer
Riparian Nonriparian
Lot Area (sf) Lot Width (ft) Lot Area (sf) Lot Width (ft)
Single 40,000 125 20,000 125
Duplex 70,000 225 35,000 220
Triplex 100,000 325 52,000 315
Quad 130,000 425 65,000 410
6.26 River/Stream Minimum Lot Width Standards. There are no minimum lot area requirements for rivers
and streams. The lot width standards in feet are:
Remote Forested Transition Agricultural Urban & Tributary
No Sewer Sewer
Single 300 200 250 150 100 75
Duplex 450 300 375 225 150 115
Triplex 600 400 500 300 200 150
Quad 750 500 625 375 250 190
6.26. Local governments may want to establish
minimum lot area requirements and require larger lot
width and area standards than those listed.
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6.3 Special Residential Lot Provisions.
6.31 Subdivisions of duplexes, triplexes, and quads are conditional uses on Natural Environment Lakes and
must also meet the following standards:
A.Each building must be set back at least 200 feet from the ordinary high water level;
B.Each building must have common sewage treatment and water systems in one location and serve
all dwelling units in the building;
C.Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling
units in the building; and
D.No more than 25 percent of a lake’s shoreline can be in duplex , triplex, or quad developments.
6.32. One guest cottage may be allowed on lots meeting or exceeding the duplex lot area and width
dimensions presented in Sections 6.25 and 6.26, provided the following standards are met:
A.For lots exceeding the minimum lot dimensions of duplex lots, the guest cottage must be located
within an area equal to the smallest duplex-sized lot that could be created including the principal
dwelling unit;
B.A guest cottage must not cover more than 700 square feet of land surface and must not exceed 15
feet in height; and
C.A guest cottage must be located or designed to reduce its visibility as viewed from public waters
and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer
leaf-on conditions.
6.33 Controlled access lots are permissible if created as part of a subdivision and in compliance with the
following standards:
A.The lot must meet the area and width requirements for residential lots, and be suitable for the
intended uses of controlled access lots as provided in item D;
B.If docking, mooring, or over-water storage of more than six (6) watercraft is to be allowed at a
controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by a
percentage of the requirements for riparian residential lots for each watercraft beyond six,
consistent with the following table:
Controlled Access Lot Frontage Requirements
Ratio of lake size to shore
length (acres/mile)
Required percent
increase in frontage
Less than 100 25%
6.31. If a community does not have NE lakes this
provision may be omitted. If a community has NE
lakes but prohibits duplex, triplex or quads on NE
lakes, this provision may be omitted. However,
duplex, triplex or quad structures must be listed in the
land use tables 4.23 and 4.24 as “N.”
6.32. If a community does not allow guest cottages or
secondary dwelling units, this provision may be
omitted. However, guest cottages must be listed in
the land use tables 4.23 and 4.24 as “N.”
6.33. Controlled access lots are the only method to
allow riparian access for non-riparian property and
are only allowed at the time of subdivision. Creation
of access easements on riparian lots to allow access
to the water are not permitted. Communities
concerned about overcrowding of surface waters
may choose to prohibit controlled access lots. If a
community does not allow controlled access lots,this
provision may be omitted. However, controlled access
lots must be listed in the land use tables in 4.23 and
4.24 as “N.”
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100 – 200 20%
201 – 300 15%
301 – 400 10%
Greater than 400 5%
C.The lot must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of
nonriparian lots in the subdivision who are provided riparian access rights on the access lot; and
D.Covenants or other equally effective legal instruments must be developed that:
(1)Specify which lot owners have authority to use the access lot;
(2)Identify what activities are allowed. The activities may include watercraft launching, loading,
storage, beaching, mooring, docking, swimming, sunbathing, or picnicking;
(3)Limit the total number of vehicles allowed to be parked and the total number of watercraft
allowed to be continuously moored, docked, or stored over water;
(4)Require centralization of all common facilities and activities in the most suitable locations on
the lot to minimize topographic and vegetation alterations; and
(5)Require all parking areas, storage buildings, and other facilities to be screened by vegetation
or topography as much as practical from view from the public water, assuming summer, leaf-
on conditions.
6.4 Placement, Height, and Design of Structures.
6.41 Placement of Structures and Sewage Treatment Systems on Lots. When more than one setback applies
to a site, structures and facilities must be located to meet all setbacks, and comply with the following
OHWL setback provisions:
Classification Structures Sewage Treatment
System No Sewer Sewer
Lakes
Natural Environment 150 150 150
Recreational Development 100 75 75
General Development 75 50 50
6.4. Local governments may apply stricter standards
than those listed here. Increasing structure setbacks
can help reduce the risk of erosion in near shore
areas and enhance the aesthetic character of lakes
and shorelands. Larger setbacks also allow room for
larger riparian buffers. Increasing septic system
setbacks increases reduces the risk of subsurface
effluent reaching surface waters.
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Rivers and Streams
Remote 200 200 150
Forested and Transition 150 150 100
Agriculture, Urban and Tributary 100 50 75
A.OHWL Setbacks. Structures, impervious surfaces, and sewage treatment systems must meet
setbacks from the Ordinary High Water Level (OHWL), except that one water-oriented accessory
structure or facility, designed in accordance with Section 7.3 of this ordinance, may be set back a
minimum distance of ten (10) feet from the OHWL:
B.Setback averaging. 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 from the OHWL, provided the proposed structure is not located in a shore impact zone or
in a bluff impact zone;
C.Setbacks of decks. Deck additions may be allowed without a variance to a structure not meeting
the required setback from the ordinary high water level if all of the following criteria are met:
(1)The structure existed on the date the structure setbacks were established;
(2)A thorough evaluation of the property and structure reveals no reasonable location for a deck
meeting or exceeding the existing ordinary high water level setback of the structure;
6.41.A. Optional language. Keeping impervious
surfaces away from the riparian edge is important for
reducing the risk of erosion in the near shore area
and nutrient loading into surface waters due to
runoff. Section 7.3 of this ordinance allows for some
exceptions for impervious surfaces in the near shore
area.
6.41.B. Local governments may choose to exclude this
provision from their ordinance or only apply it to
nonconforming lots.
6.41.C. Local governments may choose to exclude this
provision from their ordinance.
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(3)The deck encroachment toward the ordinary high water level does not exceed 15 percent of
the existing setback of the structure from the ordinary high water level or is no closer than 30
feet from the OHWL, whichever is more restrictive; and
(4)The deck is constructed primarily of wood, and is not roofed or screened.
D.Additional structure setbacks. Structures must also meet the following setbacks, regardless of the
waterbody classification:
Setback from: Setback (ft)
Top of bluff 30
Unplatted cemetery 50
Right-of-way line of federal, state, or county highway 50
Right-of-way line of town road, public street, or other roads not classified 20
6.41.D. Local governments may apply stricter
standards than those listed. The presence of
permeable soils on top of bedrock, combined with
steep slopes or bluffs, can increase risk of septic
effluent leakage out the sides of slopes or bluffs.
Establishing septic system setbacks from the top of
bluffs can reduce this risk.
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E.Bluff Impact Zones. Structures, impervious surfaces, and accessory facilities, except stairways and
landings, must not be placed within bluff impact zones.
6.42 Height of Structures. All structures in residential districts in cities, except churches and nonresidential
agricultural structures, must not exceed 25 feet in height.
6.43 Lowest Floor Elevation. Structures must be placed in accordance with any floodplain regulations
applicable to the site. 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:
A.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;
B.For rivers and streams, by placing the lowest floor at least three feet above the highest known
flood elevation. 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 a flood protection elevation.
Under all three approaches, technical evaluations must be done by a qualified engineer or
hydrologist consistent with Minnesota Rules, 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; and
C.If the structure is floodproofed instead of elevated under items A and B above, then it must be
floodproofed in accordance with Minnesota Rules, part 6120.5900 Subp. 3 (D).
6.44 Significant Historic Sites. No structure may be placed on a significant historic site in a manner that affects
the values of the site unless adequate information about the site has been removed and documented in a
public repository.
6.41.E. Optional. Keeping impervious surfaces out of
the bluff impact zone is important for reducing the
risk of slope erosion and failure and nutrient loading
into surface waters due to runoff.
6.43. These provisions apply to areas where there are
no mapped floodplains or floodplain studies for
determining elevations. If ALL shoreland areas in a
community have been mapped/have studies, these
provisions may be omitted.
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6.5 Water Supply and Sewage Treatment.
6.51 Water supply. Any public or private supply of water for domestic purposes must meet or exceed
standards for water quality of the Minnesota Department of Health and the Minnesota Pollution
Control Agency.
6.52 Sewage treatment. Any premises used for human occupancy must be connected to a publicly-owned
sewer system, where available or comply with Minnesota Rules, Chapters 7080 – 7081.
7.0 PERFORMANCE STANDARDS FOR PUBLIC AND PRIVATE FACILITIES
7.1 Placement and Design of Roads, Driveways, and Parking Areas. Public and private roads and parking areas must
be designed to take advantage of natural vegetation and topography to achieve maximum screening as viewed
from public waters and comply with the following standards:
7.11 Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff
and shore impact zones, when other reasonable and feasible placement alternatives exist. If no
alternatives exist, they may be placed within these areas, and must be designed to minimize adverse
impacts;
7.12 Watercraft access ramps, approach roads, and access-related parking areas may be placed within shore
impact zones provided the vegetative screening and erosion control conditions of this subpart are met;
7.13 Private facilities must comply with the grading and filling provisions of Section 8.3 of this ordinance; and
7.14 For public roads, driveways and parking areas, documentation must be provided by a qualified individual
that they are designed and constructed to minimize and control erosion to public waters consistent with
the field office technical guides of the local soil and water conservation district, or other applicable
technical materials.
7.2 Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative to major topographic
alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts, and
landings must meet the following design requirements:
7.21 Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used
for commercial properties, public recreational uses, and planned unit developments;
7.22 Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings
larger than 32 square feet may be used for commercial properties, public-space recreational uses, and
planned unit developments;
7.23 Canopies or roofs are not allowed on stairways, lifts, or landings;
7.24 Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed
into the ground, provided they are designed and built in a manner that ensures control of soil erosion;
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7.25 Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as
viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical;
and
7.26 Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for
achieving access to shore areas, if they are consistent with the dimensional and performance standards
of subitems 7.21 to 7.25 and the requirements of Minnesota Rules, Chapter 1341.
7.3 Water-oriented Accessory Structures or Facilities. Each residential lot may have one water-oriented accessory
structure or facility if it complies with the following provisions:
7.31 The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy
an area greater than 250 square feet. The structure or facility may include detached decks not
exceeding eight feet above grade at any point or at-grade patios;
7.32 The structure or facility is not in the Bluff Impact Zone;
7.33 The setback of the structure or facility from the ordinary high water level must be at least ten feet;
7.34 The structure is not a boathouse or boat storage structure as defined under Minnesota Statutes,
Section 103G.245;
7.35 The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent
shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on
conditions;
7.36 The roof may be used as an open-air deck with safety rails, but must not be enclosed with a roof or
sidewalls or used as a storage area;
7.37 The structure or facility must not be designed or used for human habitation and must not contain
water supply or sewage treatment facilities;
7.38 As an alternative for general development and recreational development waterbodies, water-oriented
accessory structures used solely for storage of watercraft and boating-related equipment may occupy
an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured
parallel to the shoreline; and
7.39 Water-oriented accessory structures may have the lowest floor placed lower than the elevation
specified in Section 6.43 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.
8.0 VEGETATION AND LAND ALTERATIONS
7.3. If a community does not allow water-oriented
accessory structures or facilities (WOAS), this
provision may be omitted. However, such structures
and facilities must be listed in the land use tables in
4.23 and 4.24 as “N.”
7.31. Optional addition. Including “patios” as a
water-oriented accessory structure (WOAS) or facility
makes patios subject to the limitations of this
provision. This helps to simplify administration and
limit the amount of impervious surfaces within the
shore impact zone. “Patios” should only be included
here if they are also included in the definition of
WOAS in Section 2.558. It’s acceptable to allocate the
250 SF limit between multiple structures and
facilities.
7.36. Optional addition. The additional language
helps to clarify structure design and keep such
structures smaller and less noticeable. Rules don’t
specifically prohibit roofs but they do say “must not
be enclosed” A reasonable interpretation is that roofs
constitute and enclosure.
8.0. These standards prohibit or limit vegetation removal in specified areas. These are difficult to administer and enforce, and once vegetation has
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8.1 Purpose. Alterations of vegetation and topography are regulated to prevent erosion into public waters, fix
nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, sustain water quality,
and protect fish and wildlife habitat.
8.2 Vegetation Management.
8.21 Removal or alteration of vegetation must comply with the provisions of this subsection except for:
A.Vegetation alteration necessary for the construction of structures and sewage treatment systems
under validly issued permits for these facilities;
B.The construction of public roads and parking areas if consistent with Section 7.1 of this ordinance;
C.Forest management uses consistent with Section 5.3 of this ordinance; and
D.Agricultural uses consistent with Section 5.2 of this ordinance.
8.22 Intensive vegetation clearing in the shore and bluff impact zones and on steep slopes is prohibited.
Intensive clearing outside of these areas is allowed if consistent with the forest management standards
in Section 5.3 of this ordinance.
8.23 Limited clearing and trimming of trees and shrubs in the shore and bluff impact zones and on steep
slopes, is allowed to provide a view to the water from the principal dwelling and 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, 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.Existing shading of water surfaces along rivers is preserved;
C.Cutting debris or slash shall be scattered and not mounded on the ground; and
D.Perennial ground cover is retained.
8.24 Removal of trees, limbs, or branches that are dead, diseased, dying, or pose safety hazards is allowed
without a permit.
8.25 Fertilizer and pesticide runoff into surface waters must be minimized through use of vegetation,
topography or both.
8.3 Grading and Filling.
8.31 Grading and filling activities must comply with the provisions of this subsection except for the
construction of public roads and parking areas if consistent with Section 7.1 of this ordinance.
8.32 Permit Requirements.
been removed there are no requirements to restore
it. Communities concerned about the loss of riparian
vegetation and habit, erosion control and aesthetics
may consider requiring a permit for vegetation
removal, and/or establishing a requirement to
maintain a riparian buffer. Such a standard could
include provisions for required width/depth and
vegetation type as well as allowances for views and
recreational areas.
8.23 C and D. Optional. These standards provide
additional guidance and practices that enhance
habitat and protect water quality.
8.3. Note that Minnesota Rules, part 4410.4300,
Subp. 36a provides thresholds for mandatory EAWs for certain land conversions and alterations in
shoreland. The local government is the Responsible Government Unit (RGU) unless otherwise specified.
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A.Grading, filling and excavations necessary for the construction of structures, sewage treatment
systems, and driveways, if part of an approved permit, do not require a separate grading and filling
permit. However, the standards in Section 8.33 of this ordinance must be incorporated into the
permit.
B.For all other work, including driveways not part of another permit, a grading and filling permit is
required for:
(1)the movement of more than ten (10) cubic yards of material on steep slopes or within shore or
bluff impact zones; and
(2)the movement of more than 50 cubic yards of material outside of steep slopes and shore and
bluff impact zones.
8.33 Grading, filling and excavation activities must meet the following standards:
A.Grading or filling of any wetland must meet or exceed the wetland protection standards under
Minnesota Rules, Chapter 8420 and any other permits, reviews, or approvals by other local state, or
federal agencies such as watershed districts, the DNR or US Army Corps of Engineers;
B.Land alterations must be designed and implemented to minimize the amount of erosion and
sediment from entering surface waters during and after construction consistently by:
(1)Limiting the amount and time of bare ground exposure;
(2)Using temporary ground covers such as mulches or similar materials;
(3)Establishing permanent vegetation cover as soon as possible;
(4)Using sediment traps, vegetated buffer strips or other appropriate techniques;
(5)Stabilizing altered areas to acceptable erosion control standards consistent with the field office
technical guides of the soil and water conservation district;
(6)Not placing fill or excavated material in a manner that creates unstable slopes. 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;
(7)Fill or excavated material must not be placed in bluff impact zones;
(8)Any alterations below the ordinary high water level of public waters must first be authorized by
the commissioner under Minnesota Statutes, Section 103G;
(9)Alterations of topography are only allowed if they are accessory to permitted or conditional uses
and do not adversely affect adjacent or nearby properties; and
8.32.A. The1999 model ordinance included driveways
in this provision eventhough they are not included in
rule. If ordinances include driveways in this provision
they should also include the driveway language in
8.32.B. to communicate that driveways, as a stand
alone project, do need a permit if they meet the
stated disturbance thresholds.
8.33. LGUs may reference their erosion and sediment
control BMPs instead of using these, if similar.
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(10) Placement of natural rock riprap, including associated grading of the shoreline and placement
of a filter blanket, is permitted if:
(a)the finished slope does not exceed three feet horizontal to one foot vertical;
(b)the landward extent of the riprap is within ten feet of the ordinary high water level; and
(c)the height of the riprap above the ordinary high water level does not exceed three feet.
8.34 Connections to public waters. Excavations to connect boat slips, canals, lagoons, and harbors to public
waters require a public waters permit and must comply with Minnesota Rules, Chapter 6115.
8.4 Stormwater Management.
8.41 General Standards:
A.When possible, existing natural drainageways, and vegetated soil surfaces must be used to convey,
store, filter, and retain stormwater runoff before discharge to public waters.
B.Development must be planned and conducted in a manner that will minimize the extent of disturbed
areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas
must be stabilized as soon as possible and appropriate facilities or methods used to retain sediment
on the site.
C.When development density, topography, soils, and vegetation are not sufficient to adequately
handle stormwater runoff, constructed facilities such as settling basins, skimming devices, dikes,
waterways, ponds and infiltration may be used. Preference must be given to surface drainage,
vegetation, and infiltration rather than buried pipes and man-made materials and facilities.
8.34. DNR permits for public water excavations
require that the local government have a DNR-
approved shoreland zoning ordinance (Minnesota
Statute, Section 103G.245) as a condition of a public
water permit approval. The DNR may deny a permit
for public waters excavations if there is no shoreland
ordinance or if the current ordinance is not consistent
with the ordinance the DNR has approved.
8.41. These are common stormwater management
BMPs. If any of these specific provisons exist
elsewhere in a local ordinance and are similar, they
may be omitted here.
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8.42 Specific Standards:
A.Impervious surfaces of lots must not exceed 25 percent of the lot area.
B.When constructed facilities are used for stormwater management, documentation must be provided
by a qualified individual that they are designed and installed consistent with the field office technical
guide of the local soil and water conservation district or the Minnesota Stormwater Manual, as
applicable.
C.New constructed stormwater outfalls to public waters must be consistent with Minnesota Rules, part
6115.0231.
9.0 SUBDIVISION/PLATTING PROVISIONS
9.1 Purpose. To ensure that new development minimizes impacts to shoreland resources and is safe and functional.
9.2 Land suitability. Each lot created through subdivision, including planned unit developments authorized under
Section 10.0 of this ordinance, must be suitable in its natural state for the proposed use with minimal alteration
A suitability analysis must be conducted for each proposed subdivision, including planned unit developments, to
determine if the subdivision is suitable in its natural state for the proposed use with minimal alteration and
whether any feature of the land is likely to be harmful to the health, safety, or welfare of future residents of the
proposed subdivision or of the community.
9.3 Consistency with other controls. Subdivisions and each lot in a subdivision shall meet all official controls so
that a variance is not needed later to use the lots for their intended purpose.
9.4 Water and Sewer Design Standards.
9.41 A potable water supply and a sewage treatment system consistent with Minnesota Rules, Chapters 7080
–7081 must be provided for every lot.
9.42 Each lot must include at least two soil treatment and dispersal areas that support systems described in
Minnesota Rules, parts 7080.2200 to 7080.223 or site conditions described in part 7081.0270, subparts 3
to 7, as applicable.
9.43 Lots that would require use of holding tanks are prohibited.
9.5 Information requirements.
9.51 Topographic contours at ten-foot intervals or less from United States Geological Survey maps or more
current sources, showing limiting site characteristics;
9.52 The surface water features required in Minnesota Statutes, section 505.021, Subd. 1, to be shown on
plats, obtained from United States Geological Survey quadrangle topographic maps or more current
sources;
8.42.A. Local governments may reduce the maximum
amount of impervious surface allowed. Reducing the
amount of allowed impervious surface will reduce the
runoff volume and rate reducing the risk of erosion
and nutrient loading into surface waters. Requiring a
lower minimum (15% or 20%) only on new lots avoids
the creation of nonconformities.
9.51. In addition to paper based topographic
information, MnTOPO is a web-based application for
viewing, printing and downloading high-resolution
elevation data. It can also be used to generate elevation profiles for locating bluffs, watershed
boundaries or other topographical features of interest.
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9.53 Adequate soils information to determine suitability for building and sewage treatment capabilities for
every lot from the most current existing sources or from field investigations such as soil borings,
percolation tests, or other methods;
9.54 Information regarding adequacy of domestic water supply; extent of anticipated vegetation and
topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and
aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during
and after construction activities;
9.55 Location of 100-year flood plain areas and floodway districts from existing adopted maps or data; and
9.56 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.
9.6 Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must
provide easements over natural drainage or ponding areas for management of stormwater and significant
wetlands.
9.7 Platting. All subdivisions that cumulatively create five or more lots or parcels that are 2-1/2 acres or less in size
shall be processed as a plat in accordance with Minnesota Statutes, Chapters 462.358 Subd. 3a (cities) and 505.
No permit for construction of buildings or sewage treatment systems shall be issued for lots created after the
adoption of this ordinance unless the lot was previously approved as part of a formal subdivision.
9.8 Controlled Access Lots. Controlled access lots within a subdivision must meet or exceed the lot size criteria in
Section 6.33 of this ordinance.
10.0 PLANNED UNIT DEVELOPMENTS (PUDs)
10.1 Purpose. To protect and enhance the natural and scenic qualities of shoreland areas during and after
development and redevelopment of high density residential and commercial uses.
10.2 Types of PUDs Permissible. Planned unit developments (PUDs) are allowed for new projects on undeveloped
land, redevelopment of previously built sites, or conversions of existing buildings and land. Deviation from the
minimum lot size standards of Section 6.2 of this ordinance is allowed if the standards in this Section are met.
10.3 Processing of PUDs. Planned unit developments must be processed as a conditional use. An expansion to an
existing commercial PUD involving 6 or less new dwelling units or sites since the date this ordinance was adopted
is permissible as a permitted use provided the total project density does not exceed the allowable densities
calculated in the project density evaluation procedures in Section 10.5. Approval cannot occur until all applicable
environmental reviews are complete.
10.4 Application for a PUD. The applicant for a PUD must submit the following documents prior to final action on the
application request:
9.7. Optional. “Cumulatively” is recommended to
close a loophole where a parcel is subdivided at
different times, each time creating fewer than 5
parcels to avoid the requirement to plat. Both
Minnesota Statutes, sections 462 and 394 say official
controls are to provide for “orderly” development.
Applying this provision cumulatively to parcels
supports this purpose.
10.0 Shoreland PUDs require a conditional use permit
(CUP) and are best thought of as a conditional use to
allow higher density in shoreland areas. Provisions in
this section are conditions of approval that are
required to approve a Shoreland PUD (CUP) and
cannot be weakened through the negotiation process
of a local government’s general PUD ordinance. If a
community does not allow PUDs in shoreland, Section
10.0 should be omitted. However, PUDs must be
listed in the land use tables in 4.23 and 4.24 as “N.”
If the local government does not have DNR-approved
shoreland PUD provisions in its ordinance but still
allows PUDs in shoreland, Minnesota Rules, part
6120.3800, Subp. 1 gives the DNR authority to review PUDs in shoreland for compliance with state rules. In
this case, the ordinance must have a provision that states “The DNR must approve all PUDs located in shorelands.”
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10.41 Site plan and/or plat showing:
A.Locations of property boundaries;
B.Surface water features;
C.Existing and proposed structures and other facilities;
D.Land alterations;
E.Sewage treatment and water supply systems (where public systems will not be provided);
F.Topographic contours at ten-foot intervals or less; and
G.Identification of buildings and portions of the project that are residential, commercial, or a
combination of the two (if project combines commercial and residential elements).
10.42 A property owners association agreement (for residential PUD’s) with mandatory membership, and
consistent with Section 10.6 of this ordinance.
10.43 Deed restrictions, covenants, permanent easements or other instruments that:
A.Address future vegetative and topographic alterations, construction of additional buildings, beaching
of watercraft, and construction of commercial buildings in residential PUDs; and
B.Ensure the long-term preservation and maintenance of open space in accordance with the criteria
and analysis specified in Section 10.6 of this ordinance.
10.44 A master plan/site plan describing the project and showing floor plans for all commercial structures.
10.45 Additional documents necessary to explain how the PUD will be designed and will function.
10.5 Density Determination. Proposed new or expansions to existing planned unit developments must be evaluated
using the following procedures.
10.51 Step 1. Identify Density Analysis Tiers. Divide the project parcel into tiers by drawing one or more lines
parallel to the ordinary high water level at the following intervals, proceeding landward:
Classification Tier Depth
No Sewer (ft) Sewer (ft)
General Development Lakes – 1st tier 200 200
General Development Lakes – all other tiers 267 200
Recreational Development Lakes 267 267
10.5. Determing and evaluating proposed project
density may be complex depending on the project.
Please review the Residential PUD Guidance
Document for determining density and/or contact
your Area Hydrologist for assistance.
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Natural Environment Lakes 400 320
All Rivers 300 300
10.52 Step 2. Calculate Suitable Area for Development. Calculate the suitable area within each tier by
excluding all wetlands, bluffs, or land below the ordinary high water level of public waters.
10.53 Step 3. Determine Base Density:
A.For residential PUDs, divide the suitable area within each tier by the minimum single residential lot
area for lakes to determine the allowable number of dwelling units, or base density, for each tier.
For rivers, if a minimum lot area is not specified, divide the tier width by the minimum single
residential lot width.
B.For commercial PUDs:
(1)Determine the average area for each dwelling unit or dwelling site within each tier. Include
both existing and proposed dwelling units and sites in the calculation.
(a)For dwelling units, determine the average inside living floor area of dwelling units in each
tier. Do not include decks, patios, garages, or porches and basements, unless they are
habitable space.:
(b)For dwelling sites (campgrounds), determine the area of each dwelling site as follows:
I.For manufactured homes, use the area of the manufactured home, if known,
otherwise use 1,000 sf.
II.For recreational vehicles, campers or tents, use 400 sf.
(2)Select the appropriate floor area/dwelling site area ratio from the following table for the floor
area or dwelling site area determined in Section10.53 B. 1.
10.53.A. For LGUs that have specified a minimum lot
area for river lots, the process for determining base
density for lakes and rivers will be the same – tier
area divided by lot area.
33 Revised 10/24/2017
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Ordinance Language Commentary
Inside
Living
Floor
Area or
Dwelling
Site
Area (sf)
Floor Area/Dwelling Site Area Ratio
General Development
Lakes w/Sewer – all tiers
General Development
Lakes w/no sewer – 1st
tier
Agricultural, Urban and
Tributary Rivers
General Development
Lakes w/no sewer – all
other tiers
Recreational
Development Lakes
Forested and Transition
Rivers
Natural Environment
Lakes
Remote Rivers
< 200 .040 .020 .010
300 .048 .024 .012
400 .056 .028 .014
500 .065 .032 .016
600 .072 .038 .019
700 .082 .042 .021
800 .091 .046 .023
900 .099 .050 .025
1,000 .108 .054 .027
1,100 .116 .058 .029
1,200 .125 .064 .032
1,300 .133 .068 .034
1,400 .142 .072 .036
>1,500 .150 .075 .038
(3)Multiply the suitable area within each tier determined in Section 10.52 by the floor area or
dwelling site area ratio to yield the total floor area or dwelling site area for each tier to be
used for dwelling units or dwelling sites.
(4)Divide the total floor area or dwelling site area for each tier calculated in Section 10.53 B. 3 by
the average inside living floor area for dwelling units or dwelling site area determined in 10.53
B 1. This yields the allowable number of dwelling units or dwelling sites, or base density, for
each tier.
34 Revised 10/24/2017
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Ordinance Language Commentary
C.Allowable densities may be transferred from any tier to any other tier further from the waterbody,
but must not be transferred to any tier closer to the waterbody.
D.All PUDs with densities at or below the base density must meet the design standards in Section
10.6
10.54 Step 4. Determine if the Site can Accommodate Increased Density:
A.The following increases to the dwelling unit or dwelling site base densities determined Section
10.53 are allowed if the design criteria in Section 10.6 of this ordinance are satisfied as well as the
standards in Section 10.54, item B:
Shoreland Tier Maximum density increase
within each tier (percent)
1st 50
2nd 100
3rd 200
4th 200
5th 200
B.Structure setbacks from the ordinary high water level:
(1)Are increased to at least 50 percent greater than the minimum setback; or
(2)The impact on the waterbody is reduced an equivalent amount through vegetative
management, topography, or additional acceptable means and the setback is at least 25
percent greater than the minimum setback.
10.6 Design Criteria. All PUDs must meet the following design criteria.
10.61 General Design Standards.
A.All residential planned unit developments must contain at least five dwelling units or sites.
B.On-site water supply and sewage treatment systems must be centralized and meet the standards
in Section 6.5 of this ordinance. Sewage treatment systems must meet the setback standards of
Section 6.41, item A of this ordinance.
10.54. This provision allows very high densities
leading to overcrowding of surface waters and
increases the risk to phosphorus sensitive lakes and
sensitive shoreline areas. Even without this density
bonus provision, the Shoreland PUD allows for
significantly greater density over standard lot and
block subdivisions due to design flexibility of not
requiring a minimum lot size. Local governments
concerned about overuse of surface waters,
degradation of water quality, compatibility with
adjacent development, and overall community
character should omit this density bonus provision.
35 Revised 10/24/2017
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Ordinance Language Commentary
C.Dwelling units or dwelling sites must be clustered into one or more groups and located on suitable
areas of the development.
D.Dwelling units or dwelling sites must be designed and located to meet the dimensional standards
in Sections 6.3 and 6.4:
E.Shore recreation facilities:
(1)Must be centralized and located in areas suitable for them based on a suitability analysis.
(2)The number of spaces provided for continuous beaching, mooring, or docking of watercraft
must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding
existing mooring sites in an existing commercially used harbor).
(3)Launching ramp facilities, including a small dock for loading and unloading equipment, may be
provided for use by occupants of dwelling units or sites located in other tiers.
F.Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from
public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or
other means acceptable to the local unit of government, assuming summer, leaf-on conditions.
Vegetative and topographic screening must be preserved, if existing, or may be required to be
provided.
G.Accessory structures and facilities, except water oriented accessory structures, must meet the
required structure setback and must be centralized.
H.Water-oriented accessory structures and facilities may be allowed if they meet or exceed design
standards contained in Section 7.3 of this ordinance and are centralized.
10.62 Open Space Requirements.
A.Open space must constitute at least 50 percent of the total project area and must include:
(1)Areas with physical characteristics unsuitable for development in their natural state;
(2)Areas containing significant historic sites or unplatted cemeteries;
(3)Portions of the shore impact zone preserved in its natural or existing state as follows:
(a)For existing residential PUD’s, at least 50 percent of the shore impact zone
(b)For new residential PUDs, at least 70 percent of the shore impact zone.
(c)For all commercial PUD’s, at least 50 percent of the shore impact zone.
B.Open space may include:
10.62. Open space provides significant ecological,
recreational, and economic benefits. Local
governments may want to add additional
specifications for its design and maintenance. This
could include specifying the amount and type of
native vegetation, its long-term maintenance, and
connectivity to adjacent natural areas. Other options
include limiting the amount of open space that may
be used for high intensity recreational areas (trails,
playgrounds, etc.), stormwater and sewage
treatment, etc.
10.62.B.(3). WCA or other non-public water wetlands
may be included in open space. Public waters,
36 Revised 10/24/2017
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Ordinance Language Commentary
(1)Outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in
commercial dwelling units or sites, and by the general public;
(2)Subsurface sewage treatment systems if the use of the space is restricted to avoid adverse
impacts on the systems; and
(3)Non-public water wetlands.
C.Open space shall not include:
(1)Dwelling sites or lots, unless owned in common by an owners association;
(2)Dwelling units or structures, except water-oriented accessory structures or facilities;
(3)Road rights-of-way or land covered by road surfaces and parking areas;
(4)Land below the OHWL of public waters; and
(5)Commercial facilities or uses.
10.63 Open Space Maintenance and Administration Requirements.
A.Open space preservation. The appearance of open space areas, including topography, vegetation,
and allowable uses, must be preserved and maintained by use of deed restrictions, covenants,
permanent easements, public dedication, or other equally effective and permanent means The
instruments must prohibit:
(1)Commercial uses (for residential PUD’s);
(2)Vegetation and topographic alterations other than routine maintenance;
(3)Construction of additional buildings or storage of vehicles and other materials; and
(4)Uncontrolled beaching of watercraft.
B.Development organization and functioning. Unless an equally effective alternative community
framework is established, all residential planned unit developments must use an owners
association with the following features:
(1)Membership must be mandatory for each dwelling unit or dwelling site owner and any
successive owner;
(2)Each member must pay a pro rata share of the association’s expenses, and unpaid
assessments can become liens on units or dwelling sites;
(3)Assessments must be adjustable to accommodate changing conditions; and
including public water wetlands, are already public
open space and cannot be counted as open space.
10.62.C.(1). Optional. “Dwelling sites” are not the
same as lots (see definition in Section 2). Dwelling
sites in a residential subdivision is the area within a
lot not covered by a dwelling unit or structure (plus a
buffer area around the sites or structures) that can be
included as open space. Privately owned residential
“open space” is very difficult to manage and maintain
for ecological benefits, even with the required
conservation easements. Communities concerned
about developing and maintaining valuable habitat
and water quality through open space preservation
or about the ability to “administer” protection of
open space on residential lots, may choose to add “
lots, unless owned in common by an owners
association.”
10.62.C.(4) clarifies that open space cannot include
land below the OHWL of public waters. Use of the
water above this land is already a “public” open
space. The purpose of the open space is to set-aside
and permanently protect private land for recreation,
habitat, and water quality purposes and to offset
higher development densities allowed.
37 Revised 10/24/2017
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Ordinance Language Commentary
(4)The association must be responsible for insurance, taxes, and maintenance of all commonly
owned property and facilities.
10.64 Erosion Control and Stormwater Management.
A.Erosion control plans must be developed and must be consistent with the provisions of Section 8.3 of
this ordinance. Erosion control plans approved by a soil and water conservation district may be
required if project size and site physical characteristics warrant.
B.Stormwater management facilities must be designed and constructed to manage expected quantities
and qualities of stormwater runoff. For commercial PUDs, impervious surfaces within any tier must
not exceed 25 percent of the tier area, except that 35 percent impervious surface coverage may be
allowed in the first tier of general development lakes with an approved stormwater management
plan and consistency with Section 8.0 of this ordinance.
10.7 Conversions. Local governments may allow existing resorts or other land uses and facilities to be converted to
residential PUDs if all of the following standards are met:
10.71 Proposed conversions must be evaluated using the same procedures for residential PUDs involving new
construction. Inconsistencies between existing features of the development and these standards must
be identified;
10.72 Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open
space, and shore recreation facilities must be corrected as part of the conversion or as specified in the
conditional use permit;
10.73 Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements made as part
of the conversion. These improvements must include, where applicable, the following:
A.Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore
or bluff impact zones;
B.Remedial measures to correct erosion, improve vegetative cover and improve screening of buildings
and other facilities as viewed from the water; and
C.Conditions attached to existing dwelling units located in shore or bluff impact zones that preclude
exterior expansions in any dimension or substantial alterations. The conditions must also provide for
future relocation of dwelling units, where feasible, to other locations, meeting all setback and
elevation requirements when they are rebuilt or replaced.
10.74 Existing dwelling unit or dwelling site densities that exceed standards in Section 10.5 of this ordinance
may be allowed to continue but must not be allowed to be increased, either at the time of conversion
or in the future. Efforts must be made during the conversion to limit impacts of high densities by
10.64.B. Optional. Local governments may choose to
require a 25% impervious surface limit in all tiers.
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Ordinance Language Commentary
requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities,
installing new sewage treatment systems, or other means.
39 Revised 10/24/2017
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4.b
Natural Resources Work Session Memo
MEETING DATE: October 16, 2024
TO: Natural Resources Commission
FROM: Krista Spreiter, Natural Resources Coordinator
SUBJECT: Natural Resources Management Plan Priority Projects Update
DEPARTMENT: Natural Resources CONTACT: Krista Spreiter, Natural
Resources Coordinator
ACTION REQUEST:
Information for discussion only.
BACKGROUND:
Individual projects have been identified in the city's Natural Resources Management Plan as
priority projects, with timelines and cost estimates assigned to each. Below is a summary of
ongoing and current priority projects and their status.
Valley Park Pollinator Corridor
The project is still in the establishment phase due to challenges with site preparation, invasive
species pressure, and size of the project. The southern portion of the project immediately north
of Marie Avenue has been mowed in an effort to control invasives and prepare for re-seeding.
Valley Park Forest Enhancement - North
A Conservation Partners Legacy grant was obtained for this project in the amount of $50,000,
which included a city match of $5,000. The project has been completed, including invasive
species removal and treatment, with re-vegetation of the area completed last week with the
help of CCMI (Conservation Corps of Minnesota and Iowa) River Crews.
Valley Park Forest Enhancement - NW
The Valley Park Forest Enhancement - NW project that has been accepted into Dakota County's
City-County Collaborative program. Landbridge Ecological was contracted to complete the
project beginning last summer, with the removal of woody invasives consisting mainly of
common buckthorn using a forestry mower. Follow-up treatments will be done this fall and in
Page 61 of 69
the growing season of 2025. Graminoid over-seeding was completed after initial removal to aid
in competing with re-sprouting invasives as well as to provide erosion control. Spring invasive
herbaceous treatments will be performed through 2027. Follow-up management activities will
be completed through the spring of 2027, including establishment mows, herbicide treatments,
and prescribed burn (Fall of 2026). The total project cost is $71,584, with a $10,000 city match.
Valley Park Forest Enhancement - South Central
The city entered into a contract with Great River Greening to restore and enhance the area of
Valley Park north of the wetland at the ball field, east of the pedestrian trail, and south of
Wentworth Creek. Woody and herbaceous invasive species removal has been completed, with
follow-up and continuing treatment of invasive species throughout the growing season of
2024. Re-vegetation will begin in 2025.
Valley Park South Oak and Aspen Forest Enhancement
This project was completed in 2023, and has moved into the maintenance phase.
Projects planned to begin in 2025:
Rogers Lake West Savanna/Forest and North Shoreline Enhancement
Valley Park East Forest Enhancement (Wentworth Creek ravine)
ATTACHMENTS:
None
Page 62 of 69
4.c
Natural Resources Work Session Memo
MEETING DATE: October 16, 2024
TO: Natural Resources Commission
FROM: Krista Spreiter, Natural Resources Coordinator
SUBJECT: 2025 Natural Resources Work Plan
DEPARTMENT: Natural Resources CONTACT: Krista Spreiter, Natural
Resources Coordinator
ACTION REQUEST:
Information for discussion only.
BACKGROUND:
The Commission uses an annual work plan to accomplish its goals, as well as aid in
accountability, resource allocation and proceed through commission priorities. A work plan
may consist of goals, priorities, tasks, programs, or projects that the Commission would like to
implement in 2025. Resources, monetary cost, timeline, and benefits of each identified item
should be considered. The Commission is asked to use this time to brainstorm items and have
preliminary discussion to be incorporated into a work plan for the 2025 calendar year. A draft
of the 2025 Work Plan should be completed by the Commission's regular meeting in
December for approval.
ATTACHMENTS:
1.2024 Work Plan
Page 63 of 69
Goal Initiative Q1 Q2 Q3 Q4
Goal 1: Ordinance and Policy
Development Recommend final draft of Urban Forest Management ordinance X
Goal 1: Ordinance and Policy
Development Review Planning Review Checklists to offer natural resources considerations X X
Goal 1: Ordinance and Policy
Development
Identify an ordinance for review, and draft recommendation (landscape ordinance and
standards, weed ordinance, shoreland ordinance, etc.) X X
Goal 2: Education and Outreach Identify community events to attend, and add assignments for commissioners X
Goal 2: Education and Outreach Continue to develop engagement materials aimed at children to educate on natural
resources topics: i.e. coloring book to hand out while tabling X X
Goal 2: Education and Outreach Develop educational topics and event schedule for Earth and Arbor Day Celebration X X
Goal 2: Education and Outreach Review recommendations and choose finalists for Oak Awards Recognition Program X
Goal 2: Education and Outreach Develop messaging for, and implement Pollinator Awareness Month X
Goal 2: Education and Outreach Host site tour of natural resources site X X
Goal 3: Urban Forestry and
Restoration Develop residential and commercial subsidized shade tree program X
Goal 3: Urban Forestry and
Restoration Complete demonstration hybrid planting at Marie Park X X
Goal 3: Urban Forestry and
Restoration Develop a buckthorn removal kit for residents X X
Goal 3: Urban Forestry and
Restoration Identify and plan areas of turf-to-native vegetation conversion in city parks X X
Goal 3: Urban Forestry and
Restoration Host tree planting event X
Goal 4: Strategic Planning Identify opportunities for Green Steps advancement X X X X
Goal 4: Strategic Planning Identify and explore funding sources for Natural Resources X X X X
Goal 4: Strategic Planning Explore development of a Natural Resources Management Plan for Valley Park X X
Goal 5: Sustainability Complete Partners in Energy planning process X X
Goal 5: Sustainability Explore deconstruction policy for city-owned buidlings and facilities X X
Goal 5: Sustainability Begin Partners in Energy implementation process X X
Goal 5: Sustainability Host residential energy saving education event X X
TimelineNatural Resources Commission Work Plan 2024
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4F1
5.a
Natural Resources Work Session Memo
MEETING DATE: October 16, 2024
TO: Natural Resources Commission
FROM: Krista Spreiter, Natural Resources Coordinator
SUBJECT: Partners in Energy Update
DEPARTMENT: Natural Resources CONTACT: Krista Spreiter, Natural
Resources Coordinator
ACTION REQUEST:
Information for discussion only.
BACKGROUND:
The City was accepted into Xcel Energy's Partners in Energy Program as part of the initiative of
the Goal 5, Sustainability Committee's 2023 and 2024 Work Plan. Partners in Energy is a two-
year partnership between Xcel Energy and the city, that provides communities with tools and
resources to develop and implement a strategic energy plan that is unique to Mendota
Heights.
The Energy Action Team, made up of city staff, natural resources commission members,
residents, business owners, and students, has been holding workshops with Xcel Energy Staff
and Partners throughout the previous six months with the mission of developing an Energy
Action Plan for the city. The final of these five workshops was held on August 12th. A
preliminary draft of the Energy Action Plan is projected to be available for Energy Action Team
review the week of October 21st. The draft plan will then be presented to City Council at the
work session on November 19th, with a projected final plan recommendation to City Council
at a regular meeting in December. A draft of the plan's Executive Summary is attached.
ATTACHMENTS:
1.PiE-MN-Mendota Heights-Executive Summary_V1without comments
Page 65 of 69
Our Goals
By 2030, the Mendota Heights
community will save an estimated
$1.6 million through energy efficiency
projects and avoid 9,000 MTCO2e of
greenhouse gas emissions.
MENDOTA HEIGHTS ENERGY ACTION PLAN
Energy Action Plan Impacts
Avoid 9,000 MTCO2e of greenhouse gas emissions. That’s like
removing over 200
gas-powered cars from
the road each year through 2030.
Estimated savings of
$1.6 million for residents,
businesses and the City through the end of 2030.
Empowering the
Mendota Heights community to make decisions about its
energy future.
GHG
Mendota Heights City staff and community members collaborated with Xcel Energy’s
Partners in Energy program to create this Energy Action Plan. The plan offers Mendota
Heights residents, businesses, and the City itself a path forward to save energy, avoid
greenhouse gas emissions, and manage energy costs.
Our Energy Vision
Mendota Heights is a leader in the
transition to a clean energy future.
This plan guides the city, residents,
and businesses to take action to
increase energy efficiency and use
renewable resources to create more
community resilience.
3Dge oI
5.a.1
How We Are Going to Get There
The City of Mendota Heights with support from
Partners in Energy will take actions identified in this
plan to achieve our goal. These actions center on
four focus areas:
•Residential Energy Efficiency
•Business & Municipal Energy Efficiency
•Renewable Energy
•Beneficial Electrification
Strategy Highlights
• Connect residents with existing opportunities
for energy efficiency upgrades, including home
energy audits.
• Partner with Chamber of Commerce to promote
energy efficiency and help businesses manage
energy costs.
• Lead by example and showcase the City of
Mendota Heights’ commitment to solar gardens.
• Educate and engage residents on beneficial
electrification, the switch from fossil-fuel powered
appliances to electricity-powered appliances.
• Explore adding EV chargers to municipal buildings
and electrifying the Mendota Heights fleet.
• Showcase local residents’ energy efficiency,
renewable energy, and electrification projects.
The content of this plan is derived from a series
of planning workshops hosted by Xcel Energy’s
Partners in Energy. Thank you to the Mendota
Heights Energy Action Team for their many
hours of service.
Page 67 of 69
5.b
Natural Resources Work Session Memo
MEETING DATE: October 16, 2024
TO: Natural Resources Commission
FROM: Krista Spreiter, Natural Resources Coordinator
SUBJECT: 2025 Preliminary Budget Update
DEPARTMENT: Natural Resources CONTACT: Krista Spreiter, Natural
Resources Coordinator
ACTION REQUEST:
Information for discussion only.
BACKGROUND:
Staff and City Council have discussed the City’s 2025 budget during City Council workshops
that took place in August, including budget requests for Natural Resources. The attached is a
summary of what is proposed by line item as it relates to Natural Resources for the 2025
calendar year. The City Council approved the preliminary budget, including the budget for
Natural Resources, at its regular meeting on October 1st. The City Council is scheduled to
approve the final 2025 budget in December of 2024.
ATTACHMENTS:
1.2025 Natural Resources Budget_Preliminary
Page 68 of 69
Page 69 of 69
5E1