Agenda - Planning Commission - 02/02/2017

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standards. The rules establish a vegetation permit system and restoration requirements for vegetation removed in violation of the permit. The rules also eliminate the concept of "clearcutting" by relying instead on the concept of "intensive vegetation clearing." The concept of "selective vegetation removal" replaces the concept of "selective cutting." Subparts 1 and 2. Purpose and applicability. These subparts clarify the purpose of the proposed vegetation management standards and where they apply. Because of its forestry -based framework, Executive Order 79-19, and most local ordinances adopted in accordance with the executive order, do not adequately protect vegetation in riparian areas. While the proposed vegetation standards continue the practice established in Executive Order 79-10 of prohibiting intensive vegetation clearing in the bluff impact zone, the standards also prohibit intensive vegetation clearing in shore impact zones, land within 50 feet of a wetland or natural drainageway, areas of native plant communities, and other areas of significant vegetation identified by local governments in their MRCCA plans. Maintaining vegetation in these sensitive areas provides habitat for fish and wildlife and protects against erosion and subsequent runoff related water pollution, including sediment and nutrients, and maintains the scenic qualities of the corridor. Subpart 3. General provisions. Specific standards and permitting requirements for vegetation clearing across the MRCCA are set forth in this subpart. • Limits on intensive vegetation clearing; activities that are prohibited and activities that require a permit. Intensive clearing, regardless of the purpose, disrupts soil stability and increases the risk of soil erosion, sedimentation, and nutrient loading into drainage systems and surface waters. While activities such as removal of diseased, dying or hazardous vegetation, or restoration and erosion control projects are usually beneficial, the manner in which these activities are conducted may increase the risk of soil erosion and sedimentation. For this reason, intensive vegetation clearing is generally prohibited across the MRCCA, while some intensive vegetation clearing is allowed by local permit, to be issued by a local government or resource agency, such as a soil and water conservation district. Requiring a permit for these activities ensures guidance by qualified professionals and use of appropriate management practices to reduce the risk of erosion and water pollution. • Vegetation removal without a permit. The proposed MRCCA rules do, however, allow some types of limited vegetation removal without a local permit. These limited exemptions were requested by local governments and property owners, and are intended to clarify the scope of the regulations and to reduce administrative burdens to local governments. Thus, activities that are considered a part of routine property management are permitted without a permit, including: selective removal of diseased, dying or hazardous vegetation, maintenance of existing yards, and gardening. Agricultural and forestry activities that meet the standards in proposed Minn. R. 6106.0110, subp. 2 through 4 are also allowed without a permit • Vegetation height. Local governments are prohibited from restricting the height of groundcover vegetation in the shore impact zone, on land within 50 feet of a wetland or natural drainage way, in native plant communities, and in other areas of significant vegetation identified by local governments in their MRCCA plans. The intent of this provision is to prevent application 56