5.b Shoreland Ordinance Amendment - PC Packet
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Date of Meeting: March 12, 2024
To: Chair Loeffler and Members of the Planning Commission
From: T.J. Hofer, Consultant City Planner
Re: Shoreland Management Regulations Amendment
The City has identified areas of the Shoreland Management Regulations where the ordinance is
not consistent with the model ordinance produced by the Department of Natural Resources as
well as areas where the City could create greater standards than the model ordinance.
BACKGROUND
During multiple regularly scheduled meetings, the Planning Commission identified certain
aspects of the Shoreland Management Regulations (shoreland ordinance), known as Ordinance
198 or Chapter 155 in the Unified Development Code (UDC), that could be improved. Staff have
reviewed the ordinance and have found that the ordinance is not consistent with the model
ordinance produced by the Department of Natural Resources (DNR). The model ordinance was
most recently revised in April of 2022. The City adopted the shoreland ordinance on May 15,
2018, and the ordinance has not been amended since.
Staff have discussed the current shoreland ordinance with the Carnelian-Marine-St. Croix
Watershed District (CMSCWD). CMSCWD is currently planning to review and update its rules
and standards in the coming year. CMSCWD standards are generally higher than the City’s
standards and the City believes that to be more consistent and transparent for residents and
developers it would be beneficial to incorporate the Watershed’s standards when they are
updated. CMSCWD has also told staff that there may be funding opportunities for updating the
shoreland ordinance once their standards have been finalized. At this point, staff is proposing
minor changes to the shoreland ordinance to address pressing concerns in the City, while leaving
the larger update till after the Watershed has updated their standards.
OVERVIEW OF AMENDMENT
Staff have compiled the relevant sections of the shoreland ordinance. The ordinance amendment
proposes changes to the definitions, submittal requirements for variances, lot sizes, and
vegetative management standards. Changes to the ordinance are in red, text to be removed is
shown as strikethrough text.
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2.0 GENERAL PROVISIONS AND DEFINITIONS
2.6 Definitions. Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted to give them the same meaning they have in common
usage and to give this ordinance its most reasonable application. For the purpose of this
ordinance, the words “must” and “shall” are mandatory and not permissive. All
distances, unless otherwise specified, are measured horizontally.
(47) View Corridor. An area where vegetation is cut or removed through the shore
or bluff impact zone to provide view of a lake, stream, or wetland.
3.0 ADMINISTRATION
3.4 Variances.
3.41 Variances may only be granted in accordance with Minnesota Statutes Section
462.357 and Section 153.500.060 Subd. 1 (B) of the City of Scandia Unified
Development Code Chapter One, Section 6 of the Scandia Development Code.
3.42 A property seeking a variance involving water resource setback or impervious
surface lot limit on a riparian lot is required to submit a tree survey, including
species, location, and DBH, of existing and removed trees over 6 inches in
diameter measured at 4.5 feet above the ground.
6.0 DIMENSIONAL AND GENERAL PERFORMANCE STANDARDS
6.2 Lot Area and Width Standards. After the effective date of this ordinance, all new lots
(except outlots created as part of a subdivision) must meet the minimum lot area and
lot width requirements in Sections 6.25 and 6.26, subject to the following standards:
6.25 Lake Minimum Lot Area and Width Standards:
Recreational Development – No Sewer
Riparian Nonriparian
Lot Area (sf) Lot Width (ft) Lot Area (sf) Lot Width (ft)
Single 40,000
2.5 acres
160 2.5 Acres 160
Duplex 80,000
2.5 acres
225 2.5 Acres 265
Triplex NA NA NA NA
Quad NA NA NA NA
Natural Environment – No Sewer
Riparian Nonriparian
Lot Area (sf) Lot Width (ft) Lot Area (sf) Lot Width (ft)
Single Goose Lake -
2.5 Acres;
Other lakes – 5
Acres
Goose Lake –
160 feet;
Other Lakes –
300 feet
Goose Lake -
2.5 Acres;
Other lakes – 5
Acres
Goose Lake –
260 feet;
Other Lakes –
300 feet
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Duplex Goose Lake -
2.5 Acres;
Other lakes – 5
Acres
Goose Lake –
160 feet;
Other Lakes –
300 feet
Goose Lake -
2.5 Acres;
Other lakes – 5
Acres
Goose Lake –
160 feet;
Other Lakes –
300 feet
Triplex NA NA NA NA
Quad NA NA NA NA
Recreational Development – Public Sewer
Riparian Nonriparian
Lot Area (sf) Lot Width (ft) Lot Area (sf) Lot Width (ft)
Single 40,000
2.5 acres
160 2.5 Acres 160
Duplex 80,000
2.5 acres
225
160
2.5 Acres 160
Triplex NA NA NA NA
Quad NA NA NA NA
8.0 VEGETATION AND LAND ALTERATIONS
8.2 Vegetation Management.
8.21 Removal or alteration of vegetation must comply with the provisions of this
subsection except for:
A. Vegetation alteration necessary for the construction of structures and sewage
treatment systems under validly issued permits for these facilities;
B. The construction of public roads and parking areas if consistent with Section 7.1
of this ordinance;
C. Forest management uses consistent with Section 5.3 of this ordinance; and
D. Agricultural uses consistent with Section 5.2 of this ordinance.
8.22 Intensive vegetation clearing in the shore and bluff impact zones and on steep slopes
is prohibited. Intensive clearing outside of these areas is allowed if consistent with the
forest management standards in Section 5.3 of this ordinance.
8.23 Limited clearing and trimming of trees and shrubs in the shore and bluff impact zones
and on steep slopes, is allowed to provide a view to the water from the principal
dwelling 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:
A. The screening of structures, vehicles, or other facilities as viewed from the water,
assuming summer, leaf-on conditions, is not substantially reduced; Vegetation
shall be restored or maintained to screen all structures, vehicles, or other facilities
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by at least 50% as viewed from the water, assuming summer, leaf-on conditions.
B. The maximum view corridor shall be a single contiguous corridor less than 50
feet or one-third of the parcel width, whichever is less;
C. Existing shading of water surfaces along rivers is preserved;
D. Cutting debris or slash shall be scattered and not mounded on the ground; and
E. Perennial ground cover is retained.
F. Picnic areas, access paths, livestock watering areas, beaches, and watercraft
access areas are prohibited in bluff impact zones.
8.24 Removal of trees, limbs, or branches that are dead, diseased, dying, or pose safety
hazards is allowed without a permit.
8.25 Fertilizer and pesticide runoff into surface waters must be minimized through use of
vegetation, topography or both.
8.26 Violations
A. Violations of 8.2 Vegetation Management shall be subject to a Restoration Order
including a vegetation restoration plan and a three-year maintenance plan
prepared by the landowner and approved by the zoning administrator.
B. Restoration is subject to inspection by the Zoning Administrator, Watershed
District, and Washington Conservation District to make a finding that vegetation
standards and integrity and inherent stability of the existing landscape will be
maintained.
(1) Vegetation restorations, when required, must be accompanied by a
restoration plan approved by the local Zoning Administrator.
(2) Restorations must utilize native plant species for replacement. Near shore
or highly erodible locations are to be planted with a mix of deep-rooted
woody and herbaceous vegetation with a high stem-density, and if
applicable, resilient to fluctuations in water levels.
(3) Restorations must meet, at minimum, the replacement ratios in Section
153.400.700 Woodland and Tree Preservation Subd. 2 (B) IV.
(4) Section 153.400.700 Woodland and Tree Preservation Subd. 2 (B) V. Tree
Replacement Fund shall not be used when a Restoration Order has been
issued.
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ANALYSIS
Review Comments
The submittal was sent to city staff and other regulatory agencies for review and comment.
Carnelian-Marine-St. Croix Watershed District
The Carnelian-Marine-St. Croix Watershed District (CMSCWD) were contacted before the
amendment was drafted for recommendations and reviewed the proposed changes. Part of the
recommended standards from CMSCWD requires the replacement of dead, diseased, or infected
trees when they are removed. This same standard is not found in the model ordinance.
CMSCWD has provided a letter advocating for the inclusion of additional standards with the
main focus of the letter being the retention of vegetation along the shoreline and the substantial
amount of vegetation that has been removed through not only Scandia, but the state as a whole.
Department of Natural Resources
Amendments to local shoreland ordinances are reviewed by the DNR for consistency with the
state shoreland rules. Staff submitted the proposed amendment to the DNR for review on
February 14, 2024. The DNR issued a conditional approval on March 4, 2024. The conditional
approval acknowledged the changes that brought the ordinance into consistency with the model
ordinance and noted “excellent higher standards” for some of the proposed amendments.
Staff Analysis
Staff believes the proposed amendment will further protect shoreland and will preserve
vegetation in critical areas within the shoreland impact zone. Staff plans to propose further
amendments to the shoreland ordinance in accordance with the DNR model ordinance and the
CMSCWD standards when they are updated.
The Planning Commission should discuss the letter from CMSCWD. If the Commission wish to
adopt standards that were in line with the recommendations from CMSCWD, staff suggests the
following:
8.24 Removal of trees, limbs, or branches that are dead, diseased, dying, or pose safety
hazards is allowed without a permit. Removed trees that are dead, diseased, dying, or
pose safety hazards within the shore impact zone or bluff impact zone shall meet the
replacement standards of the appropriate watershed district.
The Commission can recommend approval of the ordinance with amendments.
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COMMISSION ACTION
After holding the public hearing, the Planning Commission can do one of the following:
1. Recommend approval, with or without changes
2. Recommend denial, with findings
3. Table the request for further review/study
RECOMMENDATION
Staff recommends the Planning Commission:
Motion to recommend approval of the attached ordinance to amend Ordinance 198, also
known as Chapter 155 within the Unified Development Code, to add definitions,
submittal requirements for variances, amend lot sizes, and amend vegetative management
standards.
Attachments
A. Draft Ordinance 2024-XX Regarding Shoreland Management Regulations
B. Ordinance 198 Shoreland Management Regulations/Chapter 155 (link only)
C. Email from CMSCWD with Recommendations, dated January 17, 2024
D. Email from CMSCWD with Review Comments, dated February 14, 2024
E. Email from DNR, dated February 16, 2024
F. Shoreland Ordinance Amendment – Letter from CMSCWD, dated March 1, 2024
G. Conditional Approval – Letter from DNR, dated March 4, 2024
Removed Text: Strikethrough
New Text: Red Underlined
Page 1 of 4
CITY OF SCANDIA
ORDNANCE NO.: 2024-XX
AN ORDINANCE AMENDING ORDINANCE 198, ALSO KNOWN AS CHAPTER 155
OF THE CITY CODE, 2.0 GENERAL PROVISIONS, 3.0 ADMINISTRATION, 6.0
DIMENSIONAL AND GENERAL PERFORMANCE STANDARDS , AND 8.0
VEGETATION AND LAND ALTERATIONS REGARDING DEFINITIONS,
SUBMITTAL REQUIREMENTS FOR VARIANCES, AMEND LOT SIZES, AND
AMEND VEGETATIVE MANAGEMENT STANDARDS
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Section 1 Amendment. The City of Scandia Ordinance 198, also known as Chapter 155 of the
City Code, 2.0 General Provisions and Definitions, shall be amended by adding the
underlined text and deleting the stricken text as follows:
2.6 Definitions. Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted to give them the same meaning they have in common
usage and to give this ordinance its most reasonable application. For the purpose of
this ordinance, the words “must” and “shall” are mandatory and not permissive. All
distances, unless otherwise specified, are measured horizontally.
(47) View Corridor. An area where vegetation is cut or removed through the shore
or bluff impact zone to provide view of a lake, stream, or wetland.
Section 2 Amendment. The City of Scandia Ordinance 198, also known as Chapter 155 of the
City Code, 3.0 Administration, shall be amended by adding the underlined text and
deleting the stricken text as follows:
3.4 Variances.
3.41 Variances may only be granted in accordance with Minnesota Statutes Section
462.357 and Section 153.500.060 Subd. 1 (B) of the City of Scandia Unified
Development Code Chapter One, Section 6 of the Scandia Development Code.
3.42 A property seeking a variance involving water resource setback or impervious
surface lot limit on a riparian lot is required to submit a tree survey, including
species, location, and DBH, of existing and removed trees over 6 inches in
diameter measured at 4.5 feet above the ground.
Section 3 Amendment. The City of Scandia Ordinance 198, also known as Chapter 155 of the
City Code, 6.0 Dimensional and General Performance Standards, shall be amended by
adding the underlined text and deleting the stricken text as follows:
Removed Text: Strikethrough
New Text: Red Underlined
Page 2 of 4
6.2 Lot Area and Width Standards. After the effective date of this ordinance, all new lots
(except outlots created as part of a subdivision) must meet the minimum lot area and
lot width requirements in Sections 6.25 and 6.26, subject to the following standards:
6.25 Lake Minimum Lot Area and Width Standards:
Recreational Development – No Sewer
Riparian Nonriparian
Lot Area (sf) Lot Width (ft) Lot Area (sf) Lot Width (ft)
Single 40,000
2.5 acres
160 2.5 Acres 160
Duplex 80,000
2.5 acres
225 2.5 Acres 265
Triplex NA NA NA NA
Quad NA NA NA NA
Natural Environment – No Sewer
Riparian Nonriparian
Lot Area (sf) Lot Width (ft) Lot Area (sf) Lot Width (ft)
Single Goose Lake -
2.5 Acres;
Other lakes – 5
Acres
Goose Lake –
160 feet;
Other Lakes –
300 feet
Goose Lake -
2.5 Acres;
Other lakes – 5
Acres
Goose Lake –
260 feet;
Other Lakes –
300 feet
Duplex Goose Lake -
2.5 Acres;
Other lakes – 5
Acres
Goose Lake –
160 feet;
Other Lakes –
300 feet
Goose Lake -
2.5 Acres;
Other lakes – 5
Acres
Goose Lake –
160 feet;
Other Lakes –
300 feet
Triplex NA NA NA NA
Quad NA NA NA NA
Recreational Development – Public Sewer
Riparian Nonriparian
Lot Area (sf) Lot Width (ft) Lot Area (sf) Lot Width (ft)
Single 40,000
2.5 acres
160 2.5 Acres 160
Duplex 80,000
2.5 acres
225
160
2.5 Acres 160
Triplex NA NA NA NA
Quad NA NA NA NA
Section 4 Amendment. The City of Scandia Ordinance 198, also known as Chapter 155 of the
City Code, 8.0 Vegetation and Land Alterations, shall be amended by adding the
underlined text and deleting the stricken text as follows:
8.23 Limited clearing and trimming of trees and shrubs in the shore and bluff impact zones
and on steep slopes, is allowed to provide a view to the water from the principal
dwelling 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:
A. The screening of structures, vehicles, or other facilities as viewed from the water,
Removed Text: Strikethrough
New Text: Red Underlined
Page 3 of 4
assuming summer, leaf-on conditions, is not substantially reduced; Vegetation
shall be restored or maintained to screen all structures, vehicles, or other facilities
by at least 50% as viewed from the water, assuming summer, leaf-on conditions.
B. The maximum view corridor shall be a single contiguous corridor less than 50
feet or one-third of the parcel width, whichever is less;
C. Existing shading of water surfaces along rivers is preserved;
D. Cutting debris or slash shall be scattered and not mounded on the ground; and
E. Perennial ground cover is retained.
F. Picnic areas, access paths, livestock watering areas, beaches, and watercraft
access areas are prohibited in bluff impact zones.
8.26 Violations
A. Violations of 8.2 Vegetation Management shall be subject to a Restoration Order
including a vegetation restoration plan and a three-year maintenance plan
prepared by the landowner and approved by the zoning administrator.
B. Restoration is subject to inspection by the Zoning Administrator, Watershed
District, and Washington Conservation District to make a finding that vegetation
standards and integrity and inherent stability of the existing landscape will be
maintained.
(1) Vegetation restorations, when required, must be accompanied by a
restoration plan approved by the local Zoning Administrator.
(2) Restorations must utilize native plant species for replacement. Near shore
or highly erodible locations are to be planted with a mix of deep-rooted
woody and herbaceous vegetation with a high stem-density, and if
applicable, resilient to fluctuations in water levels.
(3) Restorations must meet, at minimum, the replacement ratios in Section
153.400.700 Woodland and Tree Preservation Subd. 2 (B) IV.
(4) Section 153.400.700 Woodland and Tree Preservation Subd. 2 (B) V. Tree
Replacement Fund shall not be used when a Restoration Order has been
issued.
Section 6 Planning Commission. The Planning Commission discussed the proposed ordinance
at their March meeting and held a public hearing on the amendment at a public hearing at their
March 12th, 2023, meeting. No residents spoke at the public hearing. The Planning Commission
voted to recommend approval of the ordinance.
Removed Text: Strikethrough
New Text: Red Underlined
Page 4 of 4
Section 7 Effective Date. This ordinance shall be in full force and effect upon its adoption. Passed
and adopted by the City Council of the City of Scandia this 19th day of March, 2023.
Christine Maefsky, Mayor
ATTEST:
Kyle Morell, City Administrator
2/29/24, 2:55 PM Mail - TJ Hofer - Outlook
https://outlook.office.com/mail/id/AAMkADFjNzJlYjA5LWIwODgtNGY1Ny1hNjQyLWZmNzY5YjJlMTJkMABGAAAAAABnWVF1sVCLT7CuDtObPuLDB…1/2
RE: Shoreland Ordinance Amendment - Trees
Mike Isensee <mike.isensee@cmscwd.org>
Wed 1/17/2024 9:28 AM
To: TJ Hofer <tj.hofer@bolton-menk.com>; Tom Langer <tom.langer@cmscwd.org>
Cc: k.morell@ci.scandia.mn.us <k.morell@ci.scandia.mn.us>
1 attachments (15 KB)
Vegetation Restoration Examples.docx;
Hello TJ,
Apologies for the delayed response on this. I recall we discussed tree survey requirements for riparian
lots and tree replacement standards. There is a lot out there, so Tom and I synthesized the information
below based on multiple ordinances we reviewed. I have also attached example language for a more in-
depth tree survey description and two local examples in Washington County vegetation restoration
examples
Riparian Lots
1. Survey Requirements:
a. A survey (species, location, and DBH) of existing and removed trees over 6 inches in
diameter measured at 4.5 feet above the ground shall be provided to the zoning
administrator for any project requiring a grading or building permit.
2. Vegetation Standards:
a. Vegetation shall be restored or maintained to screen all structures, vehicles, or other
facilities by at least 50% as viewed from the water, assuming summer, leaf-on conditions.
The maximum view corridor shall be a single contiguous corridor less than 50 feet or one-
third of the parcel width, whichever is less
i. The clearing or trimming of vegetation on steep slopes on riparian lots is
prohibited, except to accommodate the placement of stairways and landings to
access the water, to manage non-native species, or to fix erosion issues.
ii. The clearing and trimming of trees and shrubs in the structure setback
from water resource, shore impact zone, and bluff impact zone, shall be limited to
an access and view corridor, to accommodate the placement of stairways,
landings, and permitted water-oriented accessory structures or facilities, and to
manage non-native species.
b. Any tree (living, dead, diseased, safety concern) within the structure setback, shore impact
zone, and bluff impact zone can be removed without a permit as long as it meets or exceeds
the following replacement standards:
Diameter at Breast Height
(DBH)
of Existing Tree Removed
Number of MN native replacement
Trees or Shrubs with a Mature
Height Greater than 6.0 feet
Less than 6 inches 1
Between 6 and 12 inches 2 (at least 1 tree)
Greater than 12 inches 3 (at least 1 tree)
3. Violations:
a. Violations of the Vegetation Standards shall be subject to a Restoration Order including
vegetation restoration plan and a three-year maintenance plan prepared by the landowner
and approved by the zoning administrator.
b. Restoration is subject to inspection by the Zoning Administrator, Watershed District, and
Washington Conservation District to make a finding that vegetation standards and integrity
2/29/24, 2:55 PM Mail - TJ Hofer - Outlook
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and inherent stability of the existing landscape will be maintained.
4. Variance Applications
a. A property seeking a variance from the water resource setback or impervious surface lot
limit shall provide a mitigation plan that conforms to the Vegetation Standards.
Please let us know if there is any additional information we can provide.
Regards,
Mike
Mikael Isensee
Administrator | Carnelian Marine St. Croix Watershed District
11660 Myeron Rd North | S llwater, MN 55082
( (651) 275-7451 | Cell: 612-839-6492 : www.cmscwd.org
From: TJ Hofer <tj.hofer@bolton-menk.com>
Sent: Friday, January 5, 2024 2:47 PM
To: Mike Isensee <mike.isensee@cmscwd.org>; Tom Langer <tom.langer@cmscwd.org>
Cc: k.morell@ci.scandia.mn.us
Subject: Shoreland Ordinance Amendment - Trees
Mike and Tom,
A er the Planning Commission mee ng we talked about some changes we can make now that might help
alleviate some concerns we’ve seen in the City now, rather than in a year or two. I think I remember Mike saying
that he might have something that might help us start the conversa on/base some language off of for protec on
of trees on riparian lots.
Do you have something you can send over that we can use to start the amendment process regarding this?
Thanks,
T.J. Hofer
he/him
Planner II
Bolton & Menk, Inc.
3507 High Point Drive North
Bldg. 1 Suite E130
Oakdale, MN 55128
Phone: 612-271-6984
www.Bolton-Menk.com
2/29/24, 2:53 PM Mail - TJ Hofer - Outlook
https://outlook.office.com/mail/id/AAMkADFjNzJlYjA5LWIwODgtNGY1Ny1hNjQyLWZmNzY5YjJlMTJkMABGAAAAAABnWVF1sVCLT7CuDtObPuLDB…1/2
RE: Scandia Shoreland Ordinance Amendment - Notice and Checklist
Tom Langer <tom.langer@cmscwd.org>
Wed 2/14/2024 5:53 PM
To: TJ Hofer <tj.hofer@bolton-menk.com>
Cc: Kyle Morell <k.morell@ci.scandia.mn.us>; Mike Isensee <mike.isensee@cmscwd.org>
Hey TJ,
This is great news and we really appreciate the City’s efforts to address Shoreland tree and vegeta on loss! I
no ced there was likely a le over comment highlighted on the idea of a replacement/ replacement ra o, but if
there was a specific aspect that you were concern with, Mike or I would be happy to converse.
Reviewing the proposed amendments, In a scenario where a landowner were to state that they cut down ‘x ’ trees
between their home and the lake due to disease, will the current updates ensure the trees get replaced to
prevent current tree lose trends?
Thanks,
Tom Langer
Senior Riparian Specialist | Carnelian Marine St. Croix Watershed District
11660 Myeron Rd North | S llwater, MN 55082
Phone: ( (651) 275-7452 | Cell: 507-276-8056 : www.cmscwd.org
Permi ng Overview: h ps://www.cmscwd.org /permits-overview
District Rules: h ps://www.cmscwd.org/rules
Permit Forms & Deadlines: h ps://www.cmscwd.org /residen al-permits
From: TJ Hofer <tj.hofer@bolton-menk.com>
Sent: Wednesday, February 14, 2024 11:02 AM
To: Tom Langer <tom.langer@cmscwd.org>; Mike Isensee <mike.isensee@cmscwd.org>
Cc: Kyle Morell <k.morell@ci.scandia.mn.us>
Subject: Fw: Scandia Shoreland Ordinance Amendment - No ce and Checklist
Tom and Mike,
Just a heads up that I sent no ce today to the DNR with the intent to amend the shoreland ordinance. We didn't
incorporate everything that Mike sent over, but we do think this will help us have the conversa on of vegeta on
removals on riparian lots and lead to greater protec on.
Thanks,
T.J. Hofer
Planner II
Bolton & Menk , Inc.
Phone: 612-271-6984
Bolton-Menk.com
From: TJ Hofer
Sent: Wednesday, February 14, 2024 10:59 AM
To: Scollan, Daniel (DNR) <daniel.scollan@state.mn.us>; ordinance.review.dnr@state.mn.us
2/29/24, 2:53 PM Mail - TJ Hofer - Outlook
https://outlook.office.com/mail/id/AAMkADFjNzJlYjA5LWIwODgtNGY1Ny1hNjQyLWZmNzY5YjJlMTJkMABGAAAAAABnWVF1sVCLT7CuDtObPuLDB…2/2
<ordinance.review.dnr@state.mn.us>
Cc: Kyle Morell <k.morell@ci.scandia.mn.us>
Subject: Scandia Shoreland Ordinance Amendment - No ce and Checklist
Hello,
The City of Scandia wishes to amend the exis ng Shoreland Management Regula ons in order to be er maintain
vegeta on on riparian lots and to make the City's ordinance consistent with the model ordinance. Please find the
no ce, checklist, and dra amendment to the City of Scandia's Shoreland Management Regula ons a ached to
this email.
Please let me know if you have any ques ons or issues accessing the documents.
Thank you,
T.J. Hofer
he/him
Planner II
Bolton & Menk , Inc.
3507 High Point Drive North
Bldg. 1 Suite E130
Oakdale, MN 55128
Phone: 612-271-6984
www.Bolton-Menk .com
2/29/24, 2:54 PM Mail - TJ Hofer - Outlook
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RE: Scandia Shoreland Ordinance Amendment - Notice and Checklist
MN_Ordinance Review (DNR) <ordinance.review.dnr@state.mn.us>
Fri 2/16/2024 2:51 PM
To: TJ Hofer <tj.hofer@bolton-menk.com>; Scollan, Daniel (DNR) <daniel.scollan@state.mn.us>
Thanks for sending in theses documents TJ. These look like greater standards for be er protec ng riparian
vegeta on. We’ll review and get a approval le er out to you.
D an Petrik
Lake & R iver Sho relan d P rogra m M anage r
M innes o ta Depart ment of Nat u ral Re source s
500 Lafayette Road
S t. Paul, M N 5 5155-40 32
Ph one: 651-2 59 -5697
Email : dan iel.pet ri k @state .mn .u s
From: TJ Hofer <tj.hofer@bolton-menk.com>
Sent: Thursday, February 15, 2024 9:27 AM
To: Scollan, Daniel (DNR) <daniel.scollan@state.mn.us>; MN_Ordinance Review (DNR)
<ordinance.review.dnr@state.mn.us>
Subject: Re: Scandia Shoreland Ordinance Amendment - No ce and Checklist
Hello,
There was a le over comment in the previously submi ed Dra Shoreland Ordinance. Please use the a ached
documents instead.
Thank you.
T.J. Hofer
Planner II
Bolton & Menk , Inc.
Phone: 612-271-6984
Bolton-Menk.com
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From: TJ Hofer
Sent: Wednesday, February 14, 2024 10:59 AM
To: Scollan, Daniel (DNR) <daniel.scollan@state.mn.us>; ordinance.review.dnr@state.mn.us
<ordinance.review.dnr@state.mn.us>
Cc: Kyle Morell <k.morell@ci.scandia.mn.us>
Subject: Scandia Shoreland Ordinance Amendment - No ce and Checklist
Hello,
The City of Scandia wishes to amend the exis ng Shoreland Management Regula ons in order to be er maintain
vegeta on on riparian lots and to make the City's ordinance consistent with the model ordinance. Please find the
no ce, checklist, and dra amendment to the City of Scandia's Shoreland Management Regula ons a ached to
this email.
Please let me know if you have any ques ons or issues accessing the documents.
Thank you,
T.J. Hofer
he/him
Planner II
Bolton & Menk , Inc.
3507 High Point Drive North
Bldg. 1 Suite E130
Oakdale, MN 55128
Phone: 612-271-6984
www.Bolton-Menk .com
Carnelian-Marine-St. Croix Watershed District
11660 Myeron Rd North • Stillwater, MN 55082 • Tel 651-275-7451
Wade Johnson, President ● Mike White, Treasurer ● Paul Richert, Secretary
Managers: Tori Dupre, Kristin Tuenge, Andy Weaver, & Ann Warner
1
To: TJ Hofer – Scandia Planner, Kyle Morell– Scandia Administrator, & City Commission
& Counsel
From: Tom Langer – CMSCWD Riparian Permit Specialist & Mike Isensee – CMSCWD Administrator
Date: 3/1/2024
Subject: Shoreland Ordinance Amendment
The CMSCWD appreciates the City’s effort to slow the loss of native shoreland vegetation on local
lakes. The removal of native vegetation, including trees and shrubs within the shoreland area has
resulted in the listing of Big Marine Lake as nearly impaired for lake biology. The listing of nearly
impaired by the State of Minnesota was based on the Minnesota Department of Natura Resources
monitoring of lake fisheries and a Stressor Identification Analysis conducted on Big Marine Lake by the
Minnesota Pollution Control Agency.
After being notified of the listing the CMSCWD has conducted parcel-by-parcel evaluation of shoreland
health using state standards (Figure 1). Our data has found the decline of shoreline health is not
unique to Big Marine Lake and is a trend that has accelerated over the last five years as lakeshore
properties are sold, developed, or redeveloped. The data also found that the Shoreland Zone is the
most degraded zone on the lakeshore (Table 1). Over 80% of the Scandia lake lots we monitored are
residential lots that are developed (277 of 339 lots monitored). Over half (55%) of the residential
developed lots had insignificant shoreland trees and 74% had insignificant shoreland shrubs (Figure
2).
Table 1: Score the Shore health rankings of Scandia Lakes.
Lake
Entire
Lakeshore
Shoreland
Zone
Shoreline
Zone
Aquatic
Zone
Fish Moderate Moderate Moderate High
Goose Moderate Moderate Moderate Moderate
Hay Low Very Low Moderate Moderate
Sand Very Low Very Low Low Very Low
Big Marine Very Low Very Low Very Low Very Low
CMSCWD Ave. Low Low Moderate Moderate
Current City ordinance allows the removal of trees that are dead, diseased, or dying without
replacement. This has resulted in a significant loss of native trees and shrubs in this narrow, yet
critical, area around the lake.
Carnelian-Marine-St. Croix Watershed District
11660 Myeron Rd North • Stillwater, MN 55082 • Tel 651-275-7451
Wade Johnson, President ● Mike White, Treasurer ● Paul Richert, Secretary
Managers: Tori Dupre, Kristin Tuenge, Andy Weaver, & Ann Warner
2
The CMSCWD requests the City consider revising the current proposed ordinance revision to include
the planting of replacement trees for all trees removed within the shoreland zone. In City ordinance,
the shoreland zone is defined as the “shore impact zone” and the “bluff impact zone”
This modification will still allow for the removal of sick, diseased, or dying trees, but will require
replacement trees to be planted after removal within the shoreland zone. The recommended
ordinance below identifies the CMSCWD recommended replacement ratios based on tree diameter.
Figure 2. Shoreland tree and shrub health of Scandia Lakes.
Carnelian-Marine-St. Croix Watershed District
11660 Myeron Rd North • Stillwater, MN 55082 • Tel 651-275-7451
Wade Johnson, President ● Mike White, Treasurer ● Paul Richert, Secretary
Managers: Tori Dupre, Kristin Tuenge, Andy Weaver, & Ann Warner
3
CMSCWD 1/17/24 recommendations:
Riparian Lots
1) Survey Requirements:
a. A survey (species, location, and DBH) of existing and removed trees over 6 inches in
diameter measured at 4.5 feet above the ground shall be provided to the zoning
administrator for any project requiring a grading or building permit.
2) Vegetation Standards:
a. Vegetation shall be restored or maintained to screen all structures, vehicles, or other
facilities by at least 50% as viewed from the water, assuming summer, leaf-on conditions.
The maximum view corridor shall be a single contiguous corridor less than 50 feet or one-
third of the parcel width, whichever is less
i. The clearing or trimming of vegetation on steep slopes on riparian lots is
prohibited, except to accommodate the placement of stairways and landings to
access the water, to manage non-native species, or to fix erosion issues.
ii. The clearing and trimming of trees and shrubs in the structure setback from water
resource, shore impact zone, and bluff impact zone, shall be limited to an access
and view corridor, to accommodate the placement of stairways, landings, and
permitted water-oriented accessory structures or facilities, and to manage non-
native species.
b. Any tree (living, dead, diseased, safety concern) within the structure setback, shore impact
zone, and bluff impact zone can be removed without a permit as long as it meets or
exceeds the following replacement standards:
Diameter at Breast Height
(DBH)
of Existing Tree Removed
Number of MN native replacement
Trees or Shrubs with a Mature
Height Greater than 6.0 feet
Less than 6 inches 1
Between 6 and 12 inches 2 (at least 1 tree)
Greater than 12 inches 3 (at least 1 tree)
3) Violations:
a. Violations of the Vegetation Standards shall be subject to a Restoration Order including
vegetation restoration plan and a three-year maintenance plan prepared by the
landowner and approved by the zoning administrator.
b. Restoration is subject to inspection by the Zoning Administrator, Watershed District, and
Washington Conservation District to make a finding that vegetation standards and
integrity and inherent stability of the existing landscape will be maintained.
4) Variance Applications
a. A property seeking a variance from the water resource setback or impervious surface lot
limit shall provide a mitigation plan that conforms to the Vegetation Standards.
1
Central Region Headquarters
1200 Warner Road
Saint Paul, MN 55106
March 4, 2024
T.J. Hofer, Planner
City of Scandia
14727 209th Street North
Scandia, MN 55073
Re: Conditional Approval of City of Scandia Shoreland Ordinance Amendment
Dear T.J. Hofer,
Thank you for sending your proposed shoreland ordinance amendment to the DNR for conditional approval
review. I am pleased to inform you that the proposed amendment is substantially compliant with the statewide
rules and hereby approved, provided all of the conditions of approval in this letter are met.
Ordinance Evaluation
We have reviewed the following sections that you propose to amend in your draft ordinance received on February
14, 2024 for compliance with state shoreland rules (Minn. R. 6120.2500 – 6120.3900). Specifically, we reviewed
proposed changes to Sections 2.6 (47), 3.4, 6.25, 8.23 and 8.27 regarding variance requests, lot size standards,
and vegetation management. Our conditional approval only applies to these specific sections.
Attached is the proposed amendment with my comments, color-coded as follows:
Green Comments. These innovative standards include provisions that improve administration, improve
clarity, and/or strengthen shoreland protections.
Non-colored Comments. These may include suggestions to improve administration or shoreland
protection or other information to clarify issues for your community.
Conditions of Approval
The following conditions must be met before the DNR will issue final approval:
1. Return the attached “Ordinance Processing Checklist” and documents identified on the checklist.
Next Steps
Following are the steps for completing and receiving final DNR approval for your amendment:
1. Revise the amendment based on the conditions listed above under conditional approval.
2. The city council adopts the amendment revised according to the listed conditions.
3. Email the completed Ordinance Processing Checklist (attached) and the documents identified on the
checklist within 10 days of city council adoption to:
2
a. Dan Scollan, daniel.scollan@state.mn.us
b. Ordinance.review.dnr@state.mn.us
4. We will review the amendment adopted by the city council for consistency with the above conditions.
5. If the adopted amendments are consistent with the conditions, I will send you a “final approval” letter.
State rules require DNR final approval of shoreland ordinances and amendments for those ordinances to
be effective.
A shoreland ordinance is an important land use regulation that helps to protect surface water quality, near shore
habitat, and shoreland aesthetics of Minnesota’s public waters. We appreciate your efforts to protect these
resources for all present and future Minnesotans. Area Hydrologist Dan Scollan is available to assist with
ordinance technical guidance and to consult with you on other land and water-related projects.
Sincerely,
Megan Moore
South District Manager – Ecological and Water Resources
cc: Dan Scollan, East Metro Area Hydrologist, Minnesota DNR
John (Jack) Gleason, South District Hydrologist Supervisor, Minnesota DNR
Ordinance.review.dnr@state.mn.us
Attachments:
Proposed Ordinance with DNR comments
Shoreland Amendment Checklist with DNR comments
Ordinance Processing Checklist
Revised 05/18/2018
Shoreland Amendment Checklist
Instructions: The DNR’s ordinance review process uses the model ordinance for evaluating compliance with the shoreland rules. Please email this completed checklist along with the proposed amendment (as a Word document) showing all proposed
additions, deletions, and other modifications to your ordinance. For DNR conditional approval review, submit this checklist and your near final draft amendment at least 30 days before the public hearing at which the amendment will be considered.
Email the completed checklist and ordinance amendment to ordinance.review.dnr@state.mn.us, and copy your Area Hydrologist (email addresses on 2nd page). Mailed documents cannot be accepted.
Local Unit of Government: City of Scandia Ordinance Title: Chapter 155 Shoreland Management Regulations
Person completing checklist: T.J. Hofer Title of person completing checklist: City Planner
Provide a brief explanation of the key issues you want the proposed ordinance amendment to address:
The City of Scandia has seen issues with development of riparian lots and the removal of vegetation. Currently, the City does not feel that it has the language within the Code to be able to enforce a higher and better standard than has been observed. Many
of the proposed updates to the City’s Shoreland Ordinance make the ordinance more consistent with the model ordinance. These changes will allow the City greater discretion to ensure vegetation on riparian lots is protected or continued through
replacement.
Additionally, some elements of the current ordinance are inconsistent with the model ordinance (specifically lot size) and the City wishes to make this consistent.
The document submitted with this checklist has edits to the code made with “Track Changes” active. If you have any issues reviewing the document, please contact me at tj.hofer@bolton-menk.com or 612-271-6984.
Briefly describe any proposed modifications from Key Protection Provisions. For any proposed modifications to provisions identified as “Key Protection Provisions” in the model ordinance (identified in the model with Black Bold text) that do NOT meet the
minimum standards, explain why the modifications are needed and how you plan to offset them with other provisions that exceed the minimum standard.
N/A
Directions for Completing Checklist Table:
1) In Column A, specify the location of each provision being modified, deleted or added in your proposed amendment. Please bold any provision that is a “Key Protection Provision.” These provisions are identified with Black Bold text in the model
ordinance. Any proposal to weaken these provisions generally requires higher standards on other provisions unless the provisions are not applicable. See MR 6120.2800 Subd. 3 for more information.
2) In Column B, cite the location of the provision in the shoreland model ordinance.
3) In Column C, briefly explain why the provision is being modified, deleted or added.
4) For amendments with no content change, such as recodifications or re-organizations, you DO NOT need to complete this table.
Revised 05/18/2018
Local Government to Complete DNR Informal & Conditional Approval Review DNR Final
Approval
Review
A.
Provisions being
modified, deleted,
or added.
Local Government
Ordinance Citation
and brief description
or title.
B.
Shoreland
Model
Ordinance
Citation
C.
Local Government Comments
For each provision that has been modified, deleted, or added, briefly explain
why.
D.
DNR Determination of Compliance
with Minimum Standards
Place an “X” in the relevant column
when determination made. Place a
“?” in the relevant column for
provisions that need clarification.
When clarification received, delete
the “?,” place an “X” in the relevant
column.
E.
DNR Review Comments
• If a proposed provision is missing, not applicable, or has been modified and is acceptable (marked with a
“N/A” or “meets” in column D), briefly explain why in this column.
• If a provision is marked “Below” in Column D, address as a “red” comment in the proposed amendment
and place a “” in Column F.
• If a provision marked “Below in Column D, is part of an implementation flexibility agreement, write
“offset per term of implementation flexibility agreement” in this column and place a “” in Column F.
• If a proposed provision is marked with a “Higher” in Column D, acknowledge as a higher standard as a
“green” comment in the proposed ordinance, and explain why it is a higher standard in this column.
F.
Conditions of
Approval
Place a “”
for conditions
of final
approval.
G.
Verification
Place a “” for
conditions that
have been
met. Only
verify for
items that
have been “”
in column F.
Meets Below Higher N/A
2.6 (46) 2.5 Creating definition for “View Corridor.” X Providing a definition of a view corridor is a useful method of balancing shoreland owner's
desires for a view of the lake with the need to protect the important functions of vegetation
in shoreland.
3.4 3.5 The City has seen multiple instances where proposed work
including tree clearing on a site that has been issued a variance
for water resource setbacks, has exceeded what might be
considered necessary. The City wishes to establish a way to
further regulate this and requiring a tree survey is necessary.
X This is an excellent higher standard that will aid the city when considering variance
requests. Trees provide essential screening of structures as viewed from the water, prevent
erosion, and protect shoreline habitat.
☐ ☐
6.25 6.25 The City’s standards for lots are not consistent with the model
ordinance. The City adopted a new zoning and subdivision
ordinance, the Unified Development Code, in September of 2022
that uses model ordinance lot standards for the zoning district
that is designated for riparian lots. The amendments will make
the shoreland ordinance consistent with the model ordinance
and UDC.
X* The proposed amendments modify the lot width and area standards for riparian lots on
recreational development lakes. For recreational development lakes without public
sewer, the revised standards are consistent with the model shoreland ordinance. *For
recreational development lakes without public sewer, the revised standards are the same
as the model shoreland ordinance standards for recreational development lakes with
public sewer, which is fine.
☐ ☐
8.23 8.23 The proposed amendment makes the City’s shoreland ordinance
consistent with the model ordinance.
X DNR recommends these higher standards for vegetation management through the model
ordinance. The quantitative measures are easier to understand and enforce. The
provisions serve to protect vegetation and reduce land disturbance in sensitive areas and
protect water quality.
☐ ☐
8.26 8.27 Establishing standards for violation of the standards within 8.2. X This is an excellent higher standard that will aid the city when violations of the vegetation
management standards in this chapter occur.
☐ ☐
To be filled out by DNR:
DNR Staff Reviewing for conditional approval: Dan Scollan, Area Hydrologist Date review finished: 3/4/2024
DNR Staff Reviewing for final approval: Date review finished:
DNR Staff Reviewing for higher standards: Date review finished: