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New Brighton Shoreland Overlay Ordinance <br />Chapter 12 <br />Article 1. Purpose and Intent <br />Section 12-010 Purpose <br />1) Policy. The unregulated use of shorelands in the City affects the public health, safety and <br />general welfare not only by contributing to pollution of public waters, but also by <br />impairing the local tax base. Therefore, it is in the best interests of the public health, <br />safety and welfare to provide for the wise use and development of shorelands of public <br />waters. <br />2) Statutory Authorization. These shoreland regulations are adopted pursuant to the <br />authorization and policies contained in Minn. Stat. Ch. 103F, Minnesota Regulations, <br />Parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in <br />Minn. Stat. Ch. 462. <br />3) Jurisdiction. The provisions of this Code shall apply to shorelands of the public water <br />bodies as classified in Section 2.02 of this Code. A body of water created by a private <br />user where there was no previous shoreland may, at the discretion of the governing body, <br />be exempt from this Code. <br />4) Compliance. The use of any shoreland of public waters, the size and shape of lots, the <br />use, size, type and location of structures on lots; the grading and filling of any shoreland <br />area, and the cutting of shoreland vegetation shall be in full compliance with the terms of <br />this Code and other applicable regulations. <br />5) District Application. The shoreland overlay district shall be superimposed (overlaid) <br />upon all the zoning districts as identified in Chapter 3 of the City Zoning Code as existing <br />or amended by the text and map of this Code. The regulations and requirements imposed <br />by the shoreland overlay district shall be in addition to those established by the base <br />zoning district which jointly apply. Under joint application of the districts, the more <br />restrictive requirements shall apply. <br />6) Exemption. A structure or use which was lawful before adoption of this Chapter, but <br />which is not in conformity with the provisions of the shoreland overlay district, may be <br />continued subject to Chapter 8, Article 4 of the Zoning Code. <br />Article 2. Protected Waters & Classification <br />Section 12-110 District Boundaries <br />The boundaries of the shoreland overlay district within the City shall consist of all lands as <br />described within the definition of shoreland in Article III of this Chapter. <br />Section 12-120 Waters Classifications <br />The following waters have been given classifications and are regulated as such under state law <br />ID Name DNR classification OHWL <br />62007600 <br />Jones Lake <br />Natural Environment <br />895.2 ft <br />62006700 <br />Long Lake <br />General Development <br />864.93 ft <br />62006900 <br />Pike Lake <br />General Development <br />867.77 ft <br />62007700 <br />Poplar Lake <br />Natural Environment <br />Elevation not established <br />62006800 <br />Rush Lake <br />Natural Environment <br />870.4 ft <br />No number <br />Rice Creek_ <br />Tributary Stream <br />Elevation not established* <br />*see definition of Ordinary High Water Level (OHWL) <br />June 12th 2015 <br />