Agenda - Planning Commission - 07/27/2023

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1 2 931 Amendments of Floodplains 3 (a) Floodplain designation —Restrictions on removal. The floodplain designation on the official zoning 4 map must not be removed from floodplain areas unless it can be shown that the designation is in 5 error or that the area has been filled to or above the elevation of the regulatory flood protection 6 elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be 7 permitted by the commissioner of the department of natural resources (DNR) if the commissioner 8 determines that, through other measures, lands are adequately protected for the intended use. 9 (b) Amendments require DNR approval. All amendments to this subdivision must be submitted to and 10 approved by the commissioner of the department of natural resources (DNR) prior to adoption. The 11 commissioner must approve the amendment prior to city approval. 12 (c) Map revisions require ordinance amendments. The floodplain district regulations must be amended 13 to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps 14 adopted in section 921(C). 15 16 17 940 Shoreland Management Overlay District 18 (A) Statutory authorization. The ordinance from which this subdivision is derived is adopted pursuant 19 to the authorization and policies contained in Minn. Stats. ch. 103F, Minn. Rules pts. 6120.2500- 20 6120.3900, and the planning and zoning enabling legislation in Minn. Stats. ch. 462. 21 (B) Policy. The uncontrolled use of shorelands of the city affects the public health, safety and general 22 welfare not only by contributing to pollution of public waters, but also by impairing the local tax 23 base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the 24 wise subdivision, use and development of shorelands of public waters. The state legislature has 25 delegated responsibility to local governments of the state to regulate the subdivision, use and 26 development of the shorelands of public waters and thus preserve and enhance the quality of 27 surface waters, conserve the economic and natural environmental values of shorelands, and 28 provide for the wise use of waters and related land resources. This responsibility is recognized by 29 the city. 30 (C) Jurisdiction. The provisions of this subdivision shall apply to the shorelands of the public water 31 bodies as classified in section 942. Pursuant to Minn. Rules pts. 6120.2500-6120.3900, no lake, 32 pond, or flowage less than ten acres in size in municipalities or 25 acres in size in unincorporated 33 areas need be regulated in a local government's shoreland regulations. A body of water created by 34 a private user where there was no previous shoreland may, at the discretion of the city council, be 35 exempt from this subdivision. 36 ID) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type 37 and location of structures on lots; the installation and maintenance of water supply and waste 38 treatment systems, the grading and filling of any shoreland area; the cutting of shoreland 39 vegetation; and the subdivision of land shall be in full compliance with the terms of this subdivision 40 and other applicable regulations. 41 42 941 Shoreland Management Overlay District Administration 43 (A) Permits required. 44 1) ,'A building permit required for the construction of buildings or built-i g a-d-d-iti-o s (and 45 including such related activities eonstruction of decks and-s-gnu), thc installation and/or 46 alteration of sewage treatm ms, and those grading and filling activities not exempted 47 by section 117 225(g)(2). Application for a permit shall be made to the o#fic on the 48 forms provided. The application shall include thc nccc ary-i-R#ormation so that thc building Page 131 of 160