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(1) <br />(3) <br />(4) <br />(5) <br />Working Draft Rules <br />Commentary /Rationale for Changes <br />vegetation. <br />C. Maintenance of dead and dying trees that do not pose a <br />potential hazard is encouraged to provide shelter and nesting <br />sites for wildlife. <br />D. Grading that results in terrain that is not characteristic of the <br />natural topography must be avoided. <br />E. Local governments must not restrict the height of ground cover <br />vegetation in the shore impact zone, the slope preservation <br />zone, or bluff impact zone. <br />F. Land alteration and vegetation removal activities must be <br />conducted so as to expose the smallest practical area of soil to <br />erosion for the least possible time. <br />G. The amount of the land alteration and vegetation removal <br />activity must be increasingly limited as the degree of slope and <br />the risk of soil erosion increases. <br />Item E is intended to prohibit "weed" control <br />ordinances from allowing natural vegetation <br />of any height in these sensitive areas. <br />Subpart 5. Vegetation permit requirements. <br />A. Permit not required. The following activities within the areas <br />described in subpart 2, item B, are allowed without a permit: <br />Pruning of branches that pose a visual security or physical <br />safety hazard, and to maintain plant health and to improve <br />aesthetics; <br />(2) Selective vegetation removal that does not reduce the total <br />tree canopy or vegetative cover by more than (5 -15% ) or <br />affect an area of more than (1,000 — 5,000) square feet, <br />whichever area is less, over a two -year period. This includes <br />removal of vegetation that is dead, dying, or diseased; <br />removal of invasive, non - native plants; or to prevent the <br />spread of known diseases or insect pests. <br />Maintenance of existing lawns, landscaping, and gardens. <br />Removal of vegetation in emergency situations as <br />determined by the local government. <br />Right -of -way maintenance for public facilities meeting the <br />standards of part 6106.0130, subp. 3. <br />(6) Agricultural activities meeting the standards of part <br />6106.0100 subp. 2. <br />B. Permit required. Selective vegetation removal above the <br />thresholds identified in item A(2) or as required for permitted <br />development as specified in Table 1 requires a permit from local <br />government. <br />C. Vegetation removal permit conditions. The local government <br />must require protective and /or restoration measures as a <br />condition of permit approval as follows: <br />(1) Any native plant communities removed must be replaced <br />with vegetation equivalent to their habitat, slope <br />stabilization, and stormwater retention value. Stabilization <br />of erodible soils, restoration or enhancement of shoreline <br />MRCCA Working Draft Rules — DNR, June 2, 2014 <br />34 <br />Requesting feedback on the vegetation <br />removal threshold in (A.2)! Property owners <br />routinely remove small amounts of <br />vegetation; the goal is to allow this to <br />continue in a non - burdensome way. Is <br />"percent of natural vegetative cover" <br />something that can be administered or would <br />another metric be better? This provision <br />seeks to address parcels with variable <br />amounts of natural vegetation. <br />Permit conditions vary depending on the type <br />of vegetation being removed, soil conditions, <br />and other factors determined by local <br />government. <br />