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<br />. <br /> <br />. <br /> <br />. <br /> <br />SECTION 904- SHORELAND MANAGEMENT ORDINANCE <br />904.00 - STATUTORY AUTHORIZATION & POLICY <br /> <br />1. Statutorv Authorization- This shore land ordinance is <br />adopted pursuant to the authorization and policies contained in <br />Minnesota Statutes, Chapter 103F, Minnesota Regulations, Parts <br />6120.2500 - 6120.3900, and the planning and zoning enabling <br />legislation in Minnesota Statutes, Chapter 462. <br /> <br />2. Statement of Purpose - The uncontrolled use of <br />shore lands of the City of Elk River, Minnesota affects the <br />public health, safety and general welfare not only by <br />contributing to pollution of public waters, but also by <br />impairing the local tax base. Therefore, it is in the best <br />interests of the public health, safety and welfare to provide <br />for the wise subdivision, use and development of shore lands of <br />public waters. The Legislature of Minnesota has delegated <br />responsibility to local governments of the state to regulate <br />the subdivision, use and development of the shore lands of <br />public waters and thus preserve and enhance the quality of <br />surface waters, conserve the economic and natural environmental <br />values of shorelands, and provide for the wise use of waters <br />and related land resources. This responsibility is hereby <br />recognized by the City of Elk River. <br /> <br />904.02 - GENERAL PROVISIONS AND DEFINITIONS <br /> <br />1. Jurisdiction - The provisions of this Ordinance shall <br />apply to the shore lands of the pUblic water bodies as defined <br />in Section 904.02(7) and as classified in Section 904.06 of <br />this Ordinance. Pursuant to Minnesota Regulations, Parts <br />6120.2500 - 6120.3900, no lake, pond, or flowage less than 10 <br />acres in size in municipalities need be regulated in a local <br />government's shoreland regulations. A body of water created by <br />a private user where there was no previous shore land may, at <br />the discretion of the governing body, be exempt from this <br />Ordinance. <br /> <br />2. Compliance - The use of any shore land of public waters; <br />the size and shape of lots; the use, size, type and location of <br />structures on lots; the installation and maintenance of water <br />supply and waste treatment systems, the grading and filling of <br />any shoreland area; the cutting of shore 1 and vegetation; and <br />the subdivision of land shall be in full compliance with the <br />terms of this Ordinance and other applicable regulations. <br /> <br />3. Enforcement - The City of Elk River is responsible for <br />the administration and enforcement of this Ordinance. Any <br />violation of the provisions of this Ordinance or failure to <br />comply with any of its requirements (including violations of <br />conditions and safeguards established in connection with grants <br />of variances or conditional uses) shall constitute a <br />misdemeanor and shall be punishable as outlined in Section <br />900.46 and as defined by Minnesota Rules and Statutes. <br />Violations of this Ordinance can occur regardless of whether or <br /> <br />9.146 <br />