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DIVISION 12. SHORELAND rviAJ.~AGErvtENT* Page 11 of 21 b. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that: 1. The screening of structures, vehicles, or other facilities as viewed from the '^later, assuming summer, leaf- on conditions, is not substantially reduced; 2. Along rivers, existing shading of water surfaces is preserved; and 3. These provisions are not applicable to the removal of trees, limbs, or branches that are dead or diseased or pose safety hazards. (c) Topographic alterations (gradil1g andfilling). (1) Notwithstanding subsections (2) and (3) of this subsection, a grading and filling permit shall be required for the movement of more than 100 square feet of material one foot in depth. (2) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this section shall be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways. (3) Public roads and parking areas are regulated by section 30-2024. (4) The following considerations and conditions shall be adhered to during the issuance of construction permits, grading and filling permits, conditional use pennits, variances and subdivision approvals: a. Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland shall be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland: 1. Sediment and pollutant trapping and retention: 2. Storage of surface runoff to prevent or reduce flood damage; 3. Fish and wildlife habitat; 4. Recreational use; 5. Shoreline or bank stabilization; and 6. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. This evaluation shall also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the state department of natural resources, or the United States Anny Corps of Engineers. The applicant will be so advised. b. Alterations shall be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. c. Mulches or similar materials shall be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover shall be established as soon as possible. d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature shall be used. e. Altered areas shall be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. f. Fill or excavated material shall not be placed in a manner that creates an unstable slope. g. Plans to place fill or excavated material on steep slopes shall be reviewed by qualified professionals for continued slope stability and shall not create finished slopes which are greater than 4 to 1 (four feet horizontal to one foot vertical). h. Fill or excavated material shall not be placed in bluff impact zones. i. Any alterations below the ordinary high-water level of public waters shall first be authorized by the commissioner under Minn. Stats. S 105.42. j. Alterations of topography shall only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties. http://1ibrary4.mumcode. com/mcc/Doc View/1342 7/1/66/84/96 5/9/2006