Agenda - Council - 08/08/2023 - Laserfiche WebLink

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1 1. Intensive vegetation clearing within the shore and bluff impact zones and on 2 steep slopes is not allowed. Intensive vegetation clearing for forest land 3 conversion to another use outside of these areas is allowable as a conditional use 4 if an erosion control and sedimentation plan is developed and approved by the 5 soil and water conservation district in which the property is located. 6 2. In shore and bluff impact zones and on steep slopes, limited clearing of trees and 7 shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to 8 the water from the principal dwelling site and to accommodate the placement of 9 stairways and landings, picnic areas, access paths, livestock watering areas, beach 10 and watercraft access areas, and permitted water -oriented accessory structures 11 or facilities, provided that: 12 (i) The screening of structures, vehicles, or other facilities as viewed from the 13 water, assuming summer, leaf -on conditions, is not substantially reduced; 14 (ii) Along rivers, existing shading of water surfaces is preserved; and 15 (iii) The provisions of this subsection (g)(1) of this section are not applicable to 16 the removal of trees, limbs, or branches that are dead, diseased, or pose 17 safety hazards. 18 (2) Topographic alterations/grading and filling. 19 a. Grading and filling and excavations necessary for the construction of structures, sewage 20 treatment systems, and driveways under validly issued construction permits for these 21 facilities do not require the issuance of a separate grading and filling permit. However, 22 the grading and filling standards in this subdivision must be incorporated into the 23 issuance of permits for construction of structures, sewage treatment systems, and 24 driveways. 25 b. Public roads and parking areas are regulated by this subdivision. 26 c. Notwithstanding subsections (D)(2)a and b of this section, a grading and filling permit 27 will be required for: 28 1. The movement of more than ten cubic yards of material on steep slopes or within 29 shore or bluff impact zones; and 30 2. The movement of more than 50 cubic yards of material outside of steep slopes 31 and shore and bluff impact zones. 32 d. The following considerations and conditions must be adhered to during the issuance of 33 construction permits, grading and filling permits, conditional use permits, variances and 34 subdivision approvals: 35 1. Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to 36 determine how extensively the proposed activity would affect the following 37 functional qualities of the wetland. This evaluation must also include a 38 determination of whether the wetland alteration being proposed requires 39 permits, reviews, or approvals by other local, state, or federal agencies such as a 40 watershed district, the state department of natural resources, or the United 41 States Army Corps of Engineers. The applicant will be so advised. 42 (i) Sediment and pollutant trapping and retention; 43 (ii) Storage of surface runoff to prevent or reduce flood damage; 44 (iii) Fish and wildlife habitat; 45 (iv) Recreational use; 46 (v) Shoreline or bank stabilization; and 47 (vi) Noteworthiness, including special qualities such as historic significance, 48 critical habitat for endangered plants and animals, or others. Page 139 of 160