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Draft Rules <br />PART 6106.0130 VEGETATION MANAGEMENT <br />Subpart 1. Requirements. Within shore impact zones, bluff impact <br />zones, slope preservation zones, wetlands, floodplains, significant <br />existing vegetative stands, canopies, and native plant communities, <br />vegetation must be managed as provided in items A to F. <br />A. Existing vegetation in a natural state must be maintained. <br />B. Restoration of vegetation to a natural state is encouraged. <br />C. Intensive vegetation clearing is prohibited. <br />D. Screening of structures, vehicles, and other facilities as viewed <br />from the ordinary high water level of the opposite shore <br />during summer months must be maintained. <br />E. A local government may allow limited cutting, trimming, or <br />clearing of trees, shrubs, understory, and groundcover <br />vegetation for: <br />(1) <br />the minimum necessary for development allowed as <br />exceptions under parts 6106.0100 to 6106.0120; <br />(2) one shoreline recreational use area, subject to the <br />following standards: <br />(a) for residential lots with a lot width less than 300 <br />feet, only one shoreline recreational use area is <br />allowed on each lot and the recreational use area <br />must not exceed 25 feet in width and must not <br />extend more than 25 feet landward from the ordinary <br />high water level; and <br />(b) for conservation subdivisions, planned unit <br />developments, and residential lots with a lot width <br />300 feet or greater, the shoreline recreational use <br />area allowed by unit (a) may be increased by 25 feet <br />in width for each 100 feet in lot width in excess of 300 <br />feet, not to exceed 5,000 square feet in total area, <br />with the depth of the shoreline recreational use area <br />not exceeding 25 feet landward from the ordinary <br />high water level; <br />the removal of trees, limbs, or branches that are dead, <br />dying, diseased, or infested, which removal is <br />necessary to prevent spread of disease or infestation <br />or to address a safety hazard as determined by a <br />forester, arborist, or other qualified local government <br />representative; <br />(4) the removal of invasive, nonnative plants as <br />determined necessary by a forester, arborist, or other <br />qualified local representative; <br />woodland or habitat management and restoration <br />activities sponsored and approved by a resource <br />(3) <br />(5) <br />36 <br />Commentary <br />This part outlines provisions to protect <br />existing high quality vegetation. <br />This subpart lists requirements for managing <br />vegetation in sensitive environmental areas. <br />This includes where vegetation should be <br />managed, how, and in what situations <br />restoration is to occur. <br />Clarification of the exemptions under <br />item E (1) is needed. This item refers to <br />rule parts dealing with dimensional, <br />general development, and bluff <br />standards. <br />This provision allows vegetation removal for <br />development of shoreline recreational areas <br />such as beaches. <br />Intent of item E (2) (b) is unclear due to <br />poor wording. Intent is to allow larger <br />recreational use areas as lots get larger <br />and to allow large use areas if a common <br />feature of subdivisions. <br />6106.0130 <br />