NRC Work Session Packet 07092025CITY OF MENDOTA HEIGHTS
NATURAL RESOURCES COMMISSION WORK SESSION MEETING AGENDA
July 9, 2025 at 6:00 PM
Mendota Heights City Hall, 1101 Victoria Curve, Mendota Heights
1.Roll Call
2.Call to Order
3.Discussion
a.Interstate Valley Creek Stabilization and BMP Project
b.Shoreland Ordinance Discussion
c.Upcoming Commission Events
4.Adjourn
Next Meeting
Thursday, August 14th at 6:00 PM
Information is available in alternative formats or with the use of auxiliary aids to individuals
with disabilities upon request by calling city hall at 651-452-1850 or by
emailing cityhall@mendotaheightsmn.gov.
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3.a
Natural Resources Work Session Memo
MEETING DATE: July 9, 2025
TO: Natural Resources Commission
FROM: Krista Spreiter, Natural Resources Coordinator
SUBJECT: Interstate Valley Creek Stabilization and BMP Project
ACTION REQUEST:
Information only.
BACKGROUND:
Joe Barten, Program Management Supervisor for the Dakota SWCD and Administrator for the
Lower Mississippi River Watershed Management Organization (LMRWMO), will give a
presentation to the Commission on the Valley Creek Stabilization and BMP project, as well as
other potential projects in Mendota Heights.
The Interstate Valley Creek Stabilization and BMP Project began in the fall of 2024 as a result of
a feasibility study that identified areas of streambank erosion as well as potential stormwater
treatment Best Management Practices (BMPs) within the watershed.
The project entails making stormwater infrastructure repairs, stabilizing two separate reaches
within the creek where severe streambank erosion is occurring, and installing two infiltration
basins, as well as installing a weir downstream of the wetland just north of the ball field in
Valley Park. The project is funded by a Clean Water Grant, and is a partnership with the Lower
Mississippi River Watershed Management Organization and Dakota County.
The project has now been completed, including stabilization to both Reach 1 and Reach 2,
with grading, stabilization including root wads, and cross vanes installed. Erosion control
measures and native seed has been installed. Re-vegetation of woody species including shrubs
and trees will be installed this fall.
The infiltration basin adjacent to the wetland at the baseball field and east of the weir location
has been completed. This Best Management Practice (BMP) has been designed to intercept
and treat stormwater from the neighborhoods to the north and east before it enters the
wetland and IV Creek. Plantings and seed will be installed this fall. All stormwater pipe and
structures have been installed.The infiltration basin west of Park Place BMP has also been
constructed. A planting plan for final restoration will be developed with the project partners
with a projected
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fall installation.
The weir has been installed as well as the cap wall, allowing flow through the gap in the weir
and restoring a higher water elevation for the wetland to the south.
ATTACHMENTS:
None
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3.b
Natural Resources Work Session Memo
MEETING DATE: July 9, 2025
TO: Natural Resources Commission
FROM: Krista Spreiter, Natural Resources Coordinator
SUBJECT: Shoreland Ordinance Discussion
ACTION REQUEST:
Information only.
BACKGROUND:
As an initiative of Goal 1: Ordinance and Policy Development, of the Commission's 2025 Work
Plan, the Goal 1 committee is currently exploring the creation of a Shoreland Ordinance for
recommendation of approval by City Council. The Shoreland Ordinance, if adopted, would be
included in Title 15. Environmental Standards, of the Mendota Heights City Code.
A shoreland ordinance would help to protect natural water bodies within the city that are not
already protected under current city code. The Commission previously discussed the
development of a shoreland ordinance at its February work session. An overview was given of
current surface water regulations in Mendota Heights and the state of Minnesota.
The Goal 1 Committee is currently reviewing the recommended example ordinance created by
the DNR as an example to follow in developing a city ordinance. The committee is requesting
input from the rest of the commission regarding any edits or additions that may be suitable to
include in a shoreland ordinance in Mendota Heights.
ATTACHMENTS:
1. shoreland_model_ordinance_with_commentary (MH working file v1)
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Shoreland Management Model 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.
Clarifications & Higher Standards
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. (Note that higher standards may be additions to or deletions from the rules.) There
are many higher standards that communities can consider besides those mentioned in this model. Please see the Innovative Standards Webpage for examples of what other
communities are doing.
Implementation Flexibility
Some shoreland ordinance provisions provide greater levels of shoreland protection than other provisions. Many of these provisions deal with dimensional standards such as lot
area/width, setbacks, impervious surface, etc. In general, 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 these provisions usually requires some type of offsetting higher standard on another
provision in the ordinance, and must be negotiated and documented in an agreement with the DNR before the DNR will provide conditional approval of the ordinance or
ordinance amendment.
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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 ________________________________________________________________________________27
9.0 SUBDIVISION/PLATTING PROVISIONS__________________________________________________________________________________30
10.0 PLANNED UNIT DEVELOPMENTS (PUDs) ______________________________________________________________________________31
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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 Rules, 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 Rules, 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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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 which,
because of the nature of its use, can reasonably be located at or greater than normal structure setbacks.
Examples include: swimming pools, saunas, detached garages, and storage sheds.
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 must drain toward the waterbody;
C. The slope rises at least 25 feet above the ordinary high water level; and
D. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high
water level averages 30 percent or greater (see Figure 1), 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
(see Figure 2).
Figure 1. Illustration of Bluff
2.511. Optional. Adding examples helps communicate
what accessory structures or facilities are.
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.
2.513.D. The phrase “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,” identifies terraces or large relatively flat areas
that separate bluff features above and below the
terrace. According to the Shoreland Rules SONAR,
these areas are buildable if setback standards can be
met. This phrase is not to be used in conjunction with
the top of bluff definition to reduce the size of the
bluff.
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Figure 2. Exception to Bluff
2.514 Bluff impact zone. A bluff and land located within 20 feet of the top of a bluff. See Figure 3
Figure 3. Bluff Impact Zone and Top of Bluff
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, bluff impact zone, and administering vegetation
management standards, the higher point of a 50-foot segment with an average slope exceeding 18
percent. See Figure 3.
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.
2.515. This optional text is added to improve clarity.
2.516 Optional language helps to clarify that the top
of bluff is used for administering other provisions in
addition to bluff setbacks.
2.517. Boathouses are prohibited by statute, and are
different than water-oriented accessory structures
(2.562) which are allowed in the rules.
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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.
2.529 Expansion. Any increase in a dimension such as number of units or size, area, volume, or height of an
existing structure or accessory structure or facility.
2.530 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.
2.531 Forest land conversion. The clear cutting of forested lands to prepare for a new land use other than
reestablishment of a subsequent forest stand.
2.525. Any feature meeting this definition is also a
structure (see structure definition) and must meet
structure setbacks. Decks must meet floodplain
standards. Decks that are accessory to a residential
use are prohibited in floodways. Optional language.
Make all decks a structure subject to permitting by
eliminating the “three-feet above ground” language.
2.529. Optional. New definition to clarify
nonconformity terms used in MS 462.357 and 394.36.
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2.532 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.
2.533 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 (see Figure 3).
Figure 3. Height of Building
2.534 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, gravel driveways, or permeable pavers; and other similar surfaces.
2.535 Improvement. Making an existing structure or accessory structure or facility of better quality, more
efficient, or more aesthetically pleasing, that does not replicate what pre-existed, but does not
include an expansion, enlargement, or intensification.
2.536 Industrial use. The use of land or buildings for the production, manufacture, warehousing, storage, or
transfer of goods, products, commodities, or other wholesale items.
2.537 Intensive vegetation clearing. The complete removal of trees or shrubs in a contiguous patch, strip, row,
or block.
2.538 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.
2.539 Lot width. The minimum distance between:
A. Side lot lines measured at the midpoint of the building line; and
2.534. 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. Gravel
driveways are defined as impervious since soils
become compacted after use and impair infiltration of
water, and they are often eventually paved over by
property owners and such work doesn’t usually require
a permit. Permeable pavers are also included to
eliminate their use as a “work around” to meeting
impervious coverage standards in Section 8.4.
Permeable pavement can reduce stormwater runoff, if
maintained, but as a hard surface they remove
habitat/vegetation and thus also impact shoreland
aesthetics, both of which are shoreland protection
goals.
2.535. Optional. New definition to clarify
nonconformity terms used in MS 462.357 and 394.36.
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B. Side lot lines at the ordinary high water level, if applicable (see Figure 4).
Figure 4. Lot Width
2.540 Maintenance and repair. Upkeep or preservation of an existing structure or accessory structure or
facility against normal wear and tear or degradation over time that does not change exterior
dimensions. Examples include the rehabilitation or replacement of windows, siding, a roof, or exterior
finishes such as paint or stain.
2.541 Metallic minerals and peat. “Metallic minerals and peat” has the meaning given under Minnesota
Statutes, Sections 93.44 to 93.51.
2.542 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.
2.543 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
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.
2.544 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
2.540. Optional. New definition to clarify
nonconformity terms used in MN 462.357 and 394.36.
2.543. This is the same definition as 103G.005 Subd.
14.
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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.
2.545 Public waters. Any water as defined in Minnesota Statutes, Section 103G.005, Subd. 15, 15a.
2.546 Replacement and restoration. Reconstruction of part or all of an existing structure or accessory
structure or facility that closely matches or replicates the preexisting structure or facility.
2.547 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.
2.548 Resort. “Resort” has the meaning in Minnesota Statute, Section 103F.227.
2.549 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.
2.550 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.
2.551 Sewage treatment system. “Sewage treatment system” has the meaning given under Minnesota Rules,
part 7080.1100, Subp. 82.
2.552 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.
2.553 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 (see Figure 5).
2.546. Optional. New definition to clarify
nonconformity terms used in MS 462.357 and 394.36.
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Figure 5. Shore Impact Zone
2.554 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 (see Figure 6).
Figure 6. Definition of Shoreland
2.555 Shore recreation facilities. Swimming areas, docks, watercraft mooring areas and launching ramps and
other water recreation facilities.
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2.556 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.
2.557 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.
2.558 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.
2.559 Subdivision. Land that is divided for the purpose of sale, rent, or lease, including planned unit
developments.
2.560 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.
2.561 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).
2.562 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, 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.
2.563 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,
2.557. 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.
2.562. Optional addition. Local governments may
consider, decks and patios as water-oriented accessory
structures (WOAS)to 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.
2.563. “Water-dependent use” is used instead of the
term “surface water-oriented commercial use” and is
expanded to include industrial, public, and semi-
public uses with similar needs to have access to and
use of public waters.This helped to streamline the
standards in Section 6.1 of the model..
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resorts, and restaurants with transient docking facilities are examples of uses typically found in
shoreland areas.
2.564 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.
3.6 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:
3.1. 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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3.61 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 watercrafts.
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.
3.82 All additions or expansions to the outside dimensions of an existing nonconforming structure must meet
the setback, height, lowest floor elevations, and other requirements of Sections 5.0 to 8.0 of this
ordinance. Any deviation from these requirements must be authorized by a variance.
3.71. 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. See “Considerations in
Managing Nonconforming Lots in Shoreland Areas.”
3.82. Consistent with Minnesota Statutes, sections
394.36, Subd. 4 (counties) and 462.357, Subd. 1e
(municipalities).
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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 commissioner’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.
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.
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. Amendments involving rezonings or zoning
map changes that affect shorelands (e.g. changes to
underlying zoning when shoreland provisions refer to
underlying zoning) also require DNR review and
approval.
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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4.12 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:
A. General development (GD);
General Development Lake Name DNR Public Waters I.D. #
(Insert lake name)(Insert DNR Public Waters I.D. #)
(Insert lake name)(Insert DNR Public Waters I.D. #)
B. Recreational development (RD); and
Recreational Development Lake Name DNR Public Waters I.D. #
(Insert lake name)(Insert DNR Public Waters I.D. #)
(Insert lake name)(Insert DNR Public Waters I.D. #)
C. Natural environment (NE).
Natural Environment Lake Name DNR Public Waters I.D. #
(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:
A. Urban;
Urban River Name Legal Description
(Insert river name)(Insert legal description)
(Insert river name)(Insert legal description)
Agriculture;
Agriculture River Name Legal Description
(Insert river name)(Insert legal description)
(Insert river 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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B. Transition;
Transition River Name Legal Description
(Insert river name)(Insert legal description)
(Insert river name)(Insert legal description)
C. Forested; and
Forested River Name Legal Description
(Insert river name)(Insert legal description)
(Insert river name)(Insert legal description)
D. Remote.
Remote River Name Legal Description
(Insert river name)(Insert legal description)
(Insert river name)(Insert legal description)
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:
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. The allowed land uses in
these two tables were consolidated from the “land use
district” tables in MR 6120.3200. In situations where
the allowable use classification (P, C, N) varied for a
given land use in different districts, the most restrictive
allowable use classification was used for these two
tables. There may be some situations where the less
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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 (Resorts are also Commercial PUDs) C C C
Commercial P P C
Commercial PUD (Expansion of PUD involving up to six
additional units or sites allowed as a permitted use provided the
provisions of Section 10.0 are satisfied.)
C C C
Solar Power Facilities (principal land use)C C C
Parks & historic sites C C C
Public, semipublic P P C
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
restrictive standard may be relevant for a specific
community. If so, please explain why when you submit
your ordinance to the DNR
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.
Optional. Add solar power as a conditional use
including criteria or conditions of approval. See
“Consideration in Siting Solar Power Facilities in
Shoreland Areas” for ideas for conditions.
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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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 - Accessory to
residential PUD
C C C C C C
Commercial C C C C P P
Commercial PUD - Expansion of PUD involving up
to six additional units or sites allowed as a
permitted use provided the provisions of Section
10.0 are satisfied.
C C C C C C
Solar Power Facilities (principal land use)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
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;
Optional. Add solar power as a conditional use
including criteria or conditions of approval. See
“Consideration in Siting Solar Power Facilities in
Shoreland Areas” for ideas for conditions.
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.
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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
(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:
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.
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
language 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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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:
5.41. 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 and Peat 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 and excluding right-of-way can be used to meet lot area
and width standards;
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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:
A. General development lake – No sewer.
B. General development lake – Sewer
C. Recreational development lake – No sewer
Lot Type Riparian
Lot Area (sf)
Riparian
Lot Width (ft)
Nonriparian
Lot Area (sf)
Nonriparian
Lot Width (ft)
Single 20,000 100 40,000 150
Duplex 40,000 180 80,000 265
Triplex 60,000 260 120,000 375
Quad 80,000 340 160,000 490
Lot Type Riparian
Lot Area (sf)
Riparian
Lot Width (ft)
Nonriparian
Lot Area (sf)
Nonriparian
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
Lot Type Riparian
Lot Area (sf)
Riparian
Lot Width (ft)
Nonriparian
Lot Area (sf)
Nonriparian
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
6.21. Optional. Ensures there is sufficient lot area that
meets minimum area and construction of impervious
surfaces without need of a variance
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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D. Recreational development lake – Sewer
E. Natural environment lake – No sewer
F. Natural environment lake – Sewer
Lot Type Riparian
Lot Area (sf)
Riparian
Lot Width (ft)
Nonriparian
Lot Area (sf)
Nonriparian
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
Lot Type Riparian
Lot Area (sf)
Riparian
Lot Width (ft)
Nonriparian
Lot Area (sf)
Nonriparian
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
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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:
Lot
Type
Remote Forested Transition Agriculture Urban & Tributary
No Sewer
Urban &
Tributary 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
6.3 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;
Lot Type Riparian
Lot Area (sf)
Riparian
Lot Width (ft)
Nonriparian
Lot Area (sf)
Nonriparian
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. Local governments may want to establish
minimum lot area requirements and require larger lot
width and area standards than those listed.
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.”
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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:
Ratio of lake size to shore
length (acres/mile)
Required percent
increase in frontage
Less than 100 25%
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
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. 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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(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.
6.34 Access Easements. Easements providing access to boat docking and mooring facilities to non-riparian
property owners are prohibited.
6.4 Placement, Height, and Design of Structures.
6.41 OHWL Setback for Structures and Sewage Treatment Systems. 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. The structure setback standards for sewered properties can only be used if publicly
owned sewer system service is available.
Waterbody Classification Structures with
No Sewer
Structures with
Sewer
Sewage Treatment
Systems
Natural Environment Lakes 150 150 150
Recreational Development Lakes 100 75 75
General Development Lakes 75 50 50
Remote Rivers 200 200 150
Forested and Transition Rivers 150 150 100
Agriculture, Urban, & Tributary Rivers 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 principal 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 principal structure setbacks from the OHWL, provided the proposed structure is not
located in a shore impact zone or in a bluff impact zone (see Figure 7);
6.34. Optional. Communities concerned about
crowding of surface waters may want to prohibit
access easements and the additional boats that result
from their use.
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.
6.41 Optional addition. This language clarifies that the
”sewer” standards only apply if a publicly owned
sewer system is available to the property to be
consistent with similar language in Section 6.23 which
is specified in rule.
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. ALL accessory structures must meet floodplain
standards and are prohibited in floodways.
6.41.B. Local governments may choose to exclude this
provision from their ordinance or only apply it to
nonconforming lots. Optional addition of “principal” is
helpful to ensure that new structures are not sited
based on location of nonconforming accessory
structures.
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Figure. 7 Structure Setback Averaging
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;
(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 (see Figure 8).
Figure 8. Deck Encroachment
6.41.C. Local governments may choose to exclude this
provision from their ordinance.
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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
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.
A. Determining elevations. Structures must be placed at an elevation consistent with the applicable
floodplain regulatory elevations. Where these elevations are not known, the lowest floor, including
basement, must be placed or flood-proofed at an elevation determined using the following
methodology:
(1) For lakes, by placing the lowest floor at a level at least three feet above the highest known
water level, or three feet above the ordinary high water level, whichever is higher (see Figure
9);
(2) For rivers and streams, by placing the lowest floor at least three feet above the highest known
flood elevation. If highest known flood elevation is not available, by placing the lowest floor at
least three feet above the ordinary high water level (see Figure 9), or by conducting a technical
evaluation to establish a flood protection elevation. Technical evaluations must be done by a
qualified engineer or hydrologist consistent with Minnesota Rules, parts 6120.5000 to
6120.6200.
B. Methods for placement.
(1) In addition to the lowest floor, all service utilities must be elevated or water-tight to the
elevation determined in part A.
(2)If elevation methods involving fill would result in filling in the SIZ, then structures must
instead be elevated through floodproofing methods in accordance with 6.43(B)(3) below;
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.
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.
6.42. Height standards only apply to residential
districts in cities (MR 6120.3300 Subp. 3.G.).
6.43.A. If flood elevations are known along all public
waters and stream reaches in the community,
everything in part A after the first sentence can be
deleted (this would only typically apply to small cities
with few waterbodies).
6.43.B(2) Optional. Elevation on fill can often lead to
significant alterations and vegetation removal in the
highly sensitive shore impact zone. The addition of this
standard would help to minimize near shore impacts.
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(3) If the structure is floodproofed, then it must be built to resist hydrostatic pressure through
elevation methods such as blocks, pilings, filled stem walls, elevated concrete pad, internally
flooded enclosed areas, or through other accepted engineering practices consistent with FEMA
technical bulletins 1, 2 and 3.
Figure 9. Lowest Floor Elevation
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.
6.5 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. These facilities must be designed to take
advantage of natural vegetation and topography to achieve maximum screening as viewed from public waters.
They must be constructed to minimize and control erosion to public waters consistent with the field office
technical guides of the local SWCD 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;
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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 watercraft access ramps, approach roads, and access-related parking areas are prohibited.
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;
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 sub items 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;
7.13. Optional higher standard to minimize spread of
Aquatic Invasive Species (AIS). If this optional standard
used, old provision 7.13 MUST be deleted.
Alternatively, private facilities could be prohibited only
on lakes with existing public access. If this approach
used, old provision 7.13 should be kept and
renumbered.
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
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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 designed to accommodate internal flooding, 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.
7.4. Fences. Fences between principal structures and the waterbody are allowed if fences are:
7.41 Not higher than six feet.
7.42 Not located within the SIZ and BIZ, except for farm fences.
7.43 Not located in the regulatory floodplain, except for farm fences.
7.5 Lighting. Within the OHWL setback:
7.51 Lighting shall be fully shielded and directed away from the water.
7.52 Uplighting viewable from the water is prohibited.
8.0 VEGETATION AND LAND ALTERATIONS
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.
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 2.562. 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.
7.4. Optional. Fence regulation can help eliminate
conflicts between property owners and minimize
impacts to shoreland and floodplain resources.
7.5. Optional. Lighting regulation can help eliminate
conflicts between property owners and minimize
impacts to shoreland resources, especially waterfowl.
8.0. These standards prohibit or limit vegetation
removal in specified areas. These are difficult to
administer and enforce, and once vegetation has 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 establishing a requirement to maintain a
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8.2 Vegetation Management.
8.21 A vegetation permit is required prior to to vegetative clearing in the shore impact zone and bluff
impact zone and on steep slopes. No clearing is allowed until a plan is submitted and approved
consistent with these vegetation management provisions.
8.22 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.
8.23 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.
8.24 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.Vegetation be maintained to Thescreening of structures, vehicles, or other facilities by at least
50% as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced.
The maximum view corridor shall be less than 50 feet or one-third of the parcel width, whichever
is less;
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.
E. Picnic areas, access paths, livestock watering areas, beaches and watercraft access areas are
prohibited in bluff impact zones.
8.25 Removal of trees, limbs, or branches that are dead, diseased, dying, or pose safety hazards is allowed
without a permit.
8.26 Fertilizer and pesticide runoff into surface waters must be minimized through use of vegetation,
topography or both.
riparian buffer and restoration to the required
standard as a condition of any permit approval. This is
one of the most important actions any community can
take – See the Innovative Standards Webpage .
8.21. Optional higher standard. Requiring a permit for
vegetation clearance in sensitive areas provides
opportunity for LGU staff to guide the clearing
activities and ensure activites are consistent with
regulations. See Section 9.0 of the DNR MRCCA model
ordinance for specific ideas on permitting vegetation
management activities.
8.24 A. Optional. Having quantitative measures helps
to communicate standards to property owners as well
as enforce the ordinance.
8.23 C, D, and E. Optional. These standards provide
additional protection for vegetation and reduce land
disturbance in bluff impact areas that enhance habitat
and protect water quality.
8.26. Optional. Requiring restoration and maintenance
for violations of vegetation standards communicates
that there are consequences for cutting vegetation.
These provisions may be modified to address local
concerns.
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8.27 Violations of the vegetation standards shall be subject to a Restoration Order including vegetation
restoration plan and a three-year maintenance plan prepared by the land owner and approved by the
zoning administrator. Near shore or highly erodible locations are to be restored with a mix of deep-
rooted woody and herbaceous vegetation with high stem-density, suitable for the location.
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.
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 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.
(3) placement of retaining walls, including boulder walls within the SIZ and BIZ provided that:
a. if the project includes work at or below the OHWL, the commissioner has already
approved or permitted the project.
b. the structures are used only to correct a documented existing erosion problem and
not for aesthetic reasons.
c. the height and length are the minimum necessary to control the erosion problem
and are not higher than 4 feet or longer than 10 feet, unless the zoning administrator
determines that a larger wall is necessary to correct the erosion problem; and
d. walls are screened by vegetation to not be visible from the waterbody.
(4) Placement of natural rock rip rap, including associated grading of the shoreline and placement
of a filter blanket is permitted if:
a. if the project includes work at or below the OHWL, the commissioner has already
approved or permitted the project;
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.
8.32.A. The 1999 model ordinance included driveways
in this provision even though 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.
8.32.B. Optional. In addition to a cubic yard threshold
for permitting, also include a square footage
threshold. Most property owners can visualize square
footage better than cubic yards and will thus aid in
permitting compliance. An area that is 270 square feet
(16.43 ft. X 16.43 ft.) by 1 foot deep is 270 cubic feet or
10 cubic yards.An area that is 1,350 square feet (36.74
ft. X 36.74 ft.) by 1 foot deep is 1,350 cubic feet or 50
cubic yards.
8.32.B.(1).Optional. Consider prohibiting filling in the
SIZ or if filling is allowed, require conditions of
approval that, at a minimum, require vegetation
restoration.
8.32 B. (3). Optional.The SL rules and SONAR are not
clear on how to address retaining walls in the SIZ/BIZ.
LGUs may prohibit them or require a permit subject to
conditions (as provided in this example). These
conditions may be modified to address local concerns.
8.32. B. (4). This provision and items b. – d. are
required under the SL rules. By locating this provision
here, a permit is always required for placing rip rap.
Under the rules, a permit is only needed for placing rip
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b. the finished slope does not exceed three feet horizontal to one-foot vertical;
c. the landward extent of the riprap is within ten feet of the ordinary high water level;
and
d. the height of the riprap above the ordinary high water level does not exceed three feet
(see Figure 10).
e. A vegetative buffer, consisting of deep rooted and woody vegetation, is to be
established at a distance no less than ten feet from the landward extent of the
riprap.
f.Figure 10. Riprap Guidelines
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, deep-rooted and dense 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;
rap if it disburbs more than 10 cubic yards. To keep the
rule based-approach, 8.32 B (4) and items b. – d. can
be located as item (10) under 8.33 B (its original
location).
8.32.B.(4).a. Optional. It is good practice to coordinate
rip rap installation with the DNR – may avoid
violations of public water rules and restorations.
8.32.B.(4)e. Optional. This provision provides
replacement habitat and aestethic screening, as well
as enhanced protection against erosion.
8.33.B.(3). Optional addition of deep-rooted and dense
vegetation to improve soil stability.
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(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; and
(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
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.
8.42 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
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, Subd. 8(1)) 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 provisions exist
elsewhere in a local ordinance and are similar, they
may be omitted here.
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.
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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;
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.
9.51. 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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9.6 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 in the shoreland district must be processed as a conditional
use and comply with the provisions of this section in addition to those standards outlined elsewhere in the
zoning and subdivision regulations. When there is a conflict in requirements, the more stringent of the
requirements shall be applied. 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:
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
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.
10.3. Optional addition to ensure that a community’s
“general PUD” ordinance isn’t used to undermine the
shoreland standards in theses shoreland PUD
provisions. 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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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 owner’s 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:
Waterbody Classification 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
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 road rights-of way or easements,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 or river frontage by the
minimum single residential lot width.
B. For commercial PUDs:
10.5. Determining 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.
10.52. Optional. Road rights-of-way or easements are
not developable and should thus not be included in
area considered suitable for development on which
allowable density is calculated.
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. Note that tier width is the same
thing as the river frontage along a given parcel.
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(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:
For manufactured homes, use the area of the manufactured home, if known,
otherwise use 1,000 sf.
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 Section 10.53 B. 1.
Inside
Living
Floor
Area or
Dwelling
Site
Area (sf)
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
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> 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.
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 in 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.
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 or reduce
this density bonus provision.
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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.
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 6.41, 6.42, and 6.43:
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
10.61.D MR 6120.3800 Subp. 5.B.3.(b) states that
dwelling units must be designed to meet/exceed the
dimensional standards for OHWL setback, elevation,
height.
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.
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(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:
(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;
10.62.B.(3). WCA or other non-public water wetlands
may be included in open space. Public waters,
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 owner’s 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.
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(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
(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.
(1)For residential PUDs, impervious surface for the entire project site must not exceed 25%.
(2) 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
10.64.B.(1) Optional higher standard to ensure that
the impervious surface for the entire development
does not exceed 25%
10.64.B.(2) Optional deletion. Local governments may
choose to require a 25% impervious surface limit in all
tiers for commercial PUDs by deleting the provisions
that allows a 35% impervious surface limit. This
spreads out the impervious surface and limits it in near
shore areas thus preserving habitat and shoreland
aesthetics.
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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 requiring
seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new
sewage treatment systems, or other means.
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3.c
Natural Resources Work Session Memo
MEETING DATE: July 9, 2025
TO: Natural Resources Commission
FROM: Krista Spreiter, Natural Resources Coordinator
SUBJECT: Upcoming Commission Events
ACTION REQUEST:
Discussion only.
BACKGROUND:
Staff will give an overview of upcoming city and commission events that the commission has
the opportunity to participate in. The commission should discuss each event and indicate
interest level as well as ability to participate.
Heights Fest
Heights Fest (formerly the Parks Celebration), will be August 8th-10th, 2025 and includes
events such as a Food Truck Festival, Movie in the Park, and Fishing Derby. The Cliff Timm
Memorial Fishing Derby will be held Saturday, August 9th from 8am-11am at Rogers Lake
Park. This is an event that the commission has attended in the past, as an opportunity to
provide education on surface water topics such as aquatic invasive species, stormwater
management, and others.
Natural Resources Commission Project Tour
A Natural Resources Commission site tour is an initiative of Goal 2: Education and Outreach in
the commission's 2025 work plan. The Goal 2 Committee has been discussing tour locations
and has recommended touring the recently completed Valley Creek Stabilization and BMP
project. Joe Barten, representing the Soil and Water Conservation District as well as the Lower
Mississippi River WMO, has offered to co-lead the project tour. An invitation would also be
extended to board members of the LMRWMO. The tour would take place on Thursday, August
14th at 6p in place of the Natural Resources scheduled work session.
Trick-or-Teeing Event
The City is again hosting the annual Trick-orTeeing event at the Par 3 Golf Course on October
18th from 4:30pm-6pm. Commissioners attended this event last year and sponsored a hole on
the
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course. The commission used the opportunity to interact with the public and provide
stormwater education, specifically promoting the Adopt-a-Drain program and the Storm Drain
Stenciling program. The Commission should determine interest level in attending the event this
year and possible topics for the event.
ATTACHMENTS:
None
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