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<br />. <br /> <br />. <br /> <br />. <br /> <br />ORDINANCE 92 - 28 <br /> <br />AN ORDINANCE ADDING SECTION 900.31 - "EXCAVATION, GRADING, <br />AND FILLING" <br /> <br />The City Council of the City of Elk River does ordain as <br />follows: <br /> <br />Section 1. That Section 900.31 of the City of Elk River <br />Code of Ordinances titled "Excavation, Grading, and Filling" be <br />added to read as follows: <br /> <br />SECTION 900.31 - EXCAVATION, GRADING AND FILLING <br /> <br />1. Definitions. <br /> <br />EXCAVATION: The removal of sand, gravel, rock, clay, silt, <br />soil, or other like material from the land. The material shall <br />not leave the parcel from which it originated. <br /> <br />WETLAND: Lands <br />systems where the <br />or the land is <br />this definition <br />attributes. <br /> <br />transitional between terrestrial and aquatic <br />water table is usually at or near the surface <br />covered by shallow water. For the purpose of <br />wetlands must have the following three <br /> <br />a. Have a predominance of hydric soils. <br /> <br />b. Are inundated or saturated by surface or ground water <br />at a frequency and duration sufficient to support a <br />prevalence of hydrophytic vegetation typically adopted for <br />life in saturated soil conditions; and <br /> <br />c. Under normal circumstances support a prevalence of <br />such vegetation. <br /> <br />2. Permit Required. <br /> <br />An excavation, grading and filling permit shall be required for <br />all excavation, grading, and filling activities located on-site. <br /> <br />3. Exceptions. <br /> <br />An excavation, grading and filling permit shall not be required <br />for any of the following: <br /> <br />a. Excavation, grading and filling necessary for <br />approved development plans and the construction of <br />structures, sewage treatment systems, and driveways under <br />validly issued permits for these facilities, do not <br />require the issuance of a separate excavation, grading, <br />and filling permit. However, the excavation, grading and <br />filling standards in this section shall be incorporated <br />