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o A provision is included that would not permit construction of a fence or <br />wall with the shore impact zone (1st 25’or 75’ based on water <br />classification) and, <br />o Restricts fence construction type (no privacy fences) and height (3 ½’) <br />within the remaining shoreland setback (up to 50’ or 150’ based on water <br />classification). <br /> Provides standards for stairways, lifts, and landings constructed within the <br />required setback. <br /> Limits vegetation clearing. <br /> Limits grading, filling, and excavation activities of more than 10 cubic yards <br />within the shore impact zone and bluffs and 50 cubic yards within the entire <br />shoreland. <br /> Establishes minimum standards for roads constructed within the shoreland. <br /> Establishes minimum standards for stormwater management within the shoreland. <br /> Requires all lots within the shoreland to be connected to public water and sanitary <br />sewer. <br /> <br />It’s worth noting the MN Department of Natural Resources (DNR) provides the baseline <br />requirements and under State Statute, has authority to adopt a Shoreland Ordinance on <br />the City’s behalf if the City neglects to adopt one. The DNR has been contacted by City <br />staff, as well as WSB, regarding assistance and guidance in drafting the ordinance. <br />While the DNR has opted not to participate in the City process, they have indicated a <br />desire to review and comment on an ordinance once a draft has been developed. WSB <br />will forward this draft ordinance to the DNR, on the City’s behalf, and will also forward <br />any future revisions that may result during the course of discussion, public hearing, and <br />adoption. In turn, any comments provided by the DNR will be forwarded back to the <br />Commission and Council for discussion and consideration. <br /> <br />Shoreland Ordinances are complex and every City has a unique set of shoreland <br />circumstances. Staff and WSB have done our best in evaluating the DNR’s model <br />ordinance and adapting it to meet New Brighton’s needs. However, staff suspects there <br />are still questions that may need additional research. In recognition that staff may not be <br />able to address every question, staff and WSB will take input from the Commission and <br />report back on any unresolved questions. <br /> <br />Lastly, in January of 2014 the City Council directed staff to prepare a Shoreland <br />Ordinance that meets the minimum set of standards per the DNR. The Council is not <br />interested in establishing additional regulation on shoreland property owners. The <br />Commission should keep this direction in mind as a recommendation to Council is <br />discussed and formulated. <br /> <br />WSB staff and city staff will be available for questions at the work session and look <br />forward to a good discussion. <br /> <br />Attachments: <br />Draft Ordinance <br />Shoreland Map <br />Structure Setback Map <br />Structure Setback Maps (by quadrant & includes aerial photo)