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New Brighton Shoreland Overlay Ordinance Chapter 12 6 May 14th 2015 A. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. B. Along rivers, existing shading of water surfaces is preserved. C. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards and the removal of plants deemed noxious under State or Local Noxious Weed Law. Section 12-490 Shoreland Grading & Filling Alterations 1) Grading and filling and excavations necessary for the construction of structures and driveways under validly issued building permits for these facilities do not require the issuance of a separate shoreland alteration permit however considerations and conditions as stated in 5.09 Subdivisions 2-3 must be adhered to during the issuance of building permits, land alteration permits, special use permits, variances and subdivision approvals within the shoreland area. 2) Notwithstanding item number 1 (above) the movement of more than ten cubic yards of material within shore or bluff impact zones and the movement of more than 50 cubic yards of material outside of shore and bluff impact zones will require a shoreland alteration permit. Unless a land alteration permit is required. 3) Alteration Standards & Requirement A. No person may fill, drain, excavate or otherwise alter the hydrology of a wetland without first obtaining a permit from the Rice Creek Watershed District. B. Alterations must 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 must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. D. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. E. Altered areas must 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 must not be placed in a manner that creates an unstable slope. G. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must create finished slopes of less than three feet horizontal to one foot vertical slope. H. Fill or excavated material must not be placed in bluff impact zones. I. Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under Minn. Stat. 103G.245. J. Alterations of topography must only be allowed if they are accessory to permitted or special uses and do not adversely affect adjacent or nearby properties.