05.a UDC and Shoreland Amendment for Grading Permit Changes - PC Packet
1 | P a g e
Date of Meeting: June 3, 2025
To: Chair Loeffler and Members of the Planning Commission
From: T.J. Hofer, Consultant City Planner
Re: UDC and Shoreland Amendment for Land Alteration and Grading
City staff have prepared draft ordinances that would amend a section of the Unified
Development Code (UDC) and a section of Ordinance 198, also known as Chapter 155 (the
Shoreland Ordinance), to address changes to the grading permit previously approved by the
Council.
BACKGROUND
Based on concerns from residents, the City Council approved a motion at the March 18, 2025,
meeting for the City Engineer to amend the grading permit application form that alters when a
grading permit is required. Staff noted during the meeting that additional amendments may be
needed in the city’s adopted ordinances to reflect the changes to the permit.
Staff prepared an amendment for both the UDC and the Shoreland Ordinance to reflect the
changes to the permit requirements. The amendment was reviewed at the April 15, 2025, Council
meeting. The Council discussed several concerns and directed staff to revise the proposed
amendments. The Council reviewed the amendment again at the May 7, 2025, work session and
recommended the amendments to the Planning Commission.
Amending the Shoreland Ordinance requires an initial review and final approval by the DNR.
The amendment was submitted to the DNR for preliminary review on May 16, 2025. Comments
from the DNR have not yet been received on the preliminary review.
SUMMARY OF UDC ORDINANCE AMENDMENT
153.500.060 SUPPLEMENTAL REVIEW PROCEDURES FOR LAND USE
APPLICATIONS.
Subd. 1. General Requirements. The general requirements as established in
153.500.050 Subd. 2 are further supplemented by the following procedures that are
organized by Land Use Application.
(F) Administrative Permits for Land Alteration and Grading – Supplemental Procedures.
Applicability. A grading, erosion and sediment control plan shall be submitted
and an Administrative Permit obtained for the following activities:
2 | P a g e
a. Land alteration and grading of 10 cubic yards or more of material added to
or removed from the site or excavated within the site; and/or the disturbance
of land area of 600 square feet or more.
a. All new commercial or industrial construction and additions.
b. All new residential construction and any new impervious surface if:
i. 5% or more of lot area is disturbed.
ii. Construction or improvement are proposed within 50 ft. of a property
line.
c. As required by the Shoreland Management Ordinance within the Shoreland
Overlay.
d. Clearing trees in an area larger than 20,000 square feet.
e. Any excavating, grading or filling or change in the earth’s topography in
any designated wetland or public water, wetland setback area, bluff setback
or bluff impact area, floodplain, shoreland district or the St. Croix River
District.
f. All major or minor subdivisions.
g. Any land alteration or development activity, regardless of size, that the City
determines is likely to cause an adverse impact to an environmentally
sensitive area, to another public property, or to a City right-of-way.
Staff have discussed the potential need for grading permits and added more specific criteria to
clearly identify when a grading permit is needed. The references to public water, bluff setback or
bluff impact area, and shoreland district in (F) I. e. have been removed as there are other
ordinances that have these requirements.
Standards for residential and commercial or industrial have been separated as residential projects
tend to require less complicated grading. Additional triggers for permits have been established
that are instead based on a ratio of the lot or proximity to other lots, as close proximity to another
lot increases the chance of potential drainage onto another lot.
SUMMARY OF SHORELAND ORDINANCE AMENDMENT
8.0 VEGETATION AND LAND ALTERATIONS
8.31 Grading and filling activities must comply with the provisions of this
subsection and Section [153.400.050 Subd. 2, 153.500.060, Subd. 1 (F), and
153.500.070 Subd. 4] except for the construction of public roads and parking
areas if consistent with Section 7.1 of this ordinance. the Scandia
Development Code, Chapter 2, Sections 3.6.8.32 Permit Requirements.
The above standard is included in the model ordinance. Staff does not see a reason to exclude the
exception standard from the city’s ordinance.
3 | P a g e
A. Grading, filling and excavations necessary for the construction of
structures and sewage treatment systems, if part of an approved permit, do
not require a separate grading and filling permit. However, the standards
in Section 8.33 of this ordinance must be incorporated into the permit.
B. For all other work, a grading and filling permit is required for:
(1) The movement of more than ten (10) cubic yards of material and/or
disturbance of an area of 600 square feet or more ,or on steep slopes
or within the shore or bluff impact zones.
(2) The movement of more than 50 cubic yards of material outside of
steep slopes and shore and bluff impact zones.
(3) Any project with wetland impacts and/or grading within wetland
buffers. or within 40 feet of a bluff line.
(4) Any land alteration or changing of a natural drainageway or drainage
pattern that increases or intensifies the flow of surface water onto an
adjacent property or that the City determines is likely to impact an
environmentally sensitive area.
The city’s grading permit has stated that a grading permit was required when any material within
the shoreland overlay was proposed and staff originally proposed an amendment to reflect this
requirement. Council directed staff that a lesser standard would be desired.
The DNR model ordinance requires grading permits as follows:
(1) the movement of more than 10 cubic yards of material on steep slopes or within shore or
bluff impact zones; and
(2) the movement of more than 50 cubic yards of material outside of steep slopes and shore
and bluff impact zones.
Staff have drafted higher standards for the more sensitive areas within the shoreland overlay. The
images that detail the shore and bluff impact zone within the shoreland ordinance are below for
reference.
4 | P a g e
The model standards allow for grading and filling up to 10 cubic yards in the shore impact zone
(up to the OHWL) and bluff impact zone (which includes the bluff itself) without a permit. Staff
is recommending that these more sensitive areas be further protected by requiring a permit
whenever material is moved on steep slopes, the shore impact zone, and the bluff impact zone.
C. Placement of retaining walls, including boulder walls within the shore and
bluff impact zones, is allowed, provided that:
(1) If the project includes work at or below the OHWL, the
commissioner has already approved or permitted the project.
(2) The structures are used only to correct a documented existing
erosion problem and not for aesthetic reasons.
(3) The height and length are the minimum necessary to control the
erosion problem and are not higher than 4 feet or longer than 10 feet,
unless the zoning administrator determines that a larger wall is
necessary to correct the erosion problem; and
(4) Walls are screened by vegetation to not be visible from the
waterbody.
Staff have incorporated the standards in the model ordinance for retaining walls in the shoreland
overlay, with some small modifications for clarity. The retaining wall standards in the shoreland
ordinance are an optional inclusion and can be removed from the amendment entirely if the
Commission believes they are unneeded or inappropriate for the city. Staff have included
additional consideration of the standards below in the analysis.
8.32 Grading, filling and excavation activities must meet the following standards:
A. Grading or filling of any wetland must meet or exceed the wetland
protection standards under Minnesota Rules, Chapter 8420 and any other
permits, reviews, or approvals by other local state, or federal agencies
such as watershed districts, the DNR or US Army Corps of Engineers;
B. Grading, filling and excavation activities must be designed and
implemented to minimize the amount of erosion and sediment from
entering surface waters during and after construction consistently by: (The
first five items below duplicate the City’s Development Code
requirements; the others are unique to shorelands.)
(1) Limiting the amount and time of bare ground exposure;
(2) Using temporary ground covers such as mulches or similar materials;
(3) Establishing permanent, deep-rooted and dense vegetation cover as
soon as possible;
5 | P a g e
(4) Using sediment traps, vegetated buffer strips or other appropriate
techniques;
(5) Stabilizing altered areas to acceptable erosion control standards
consistent with the field office technical guides of the soil and water
conservation district;
(6) Not placing fill or excavated material in a manner that creates
unstable slopes. Plans to place fill or excavated material on steep
slopes must be reviewed by qualified professionals for continued
slope stability and must not create finished slopes of 30 percent or
greater;
(7) Fill or excavated material must not be placed in bluff impact zones;
(8) Any alterations below the ordinary high water level of public waters
must first be authorized by the commissioner under Minnesota
Statutes, Section 103G;
(9) Alterations of topography are only allowed if they are accessory to
permitted or conditional uses and do not adversely affect adjacent or
nearby properties; and
(10) Placement of natural rock riprap, including associated grading of the
shoreline and placement of a filter blanket, is permitted if:
(a) the finished slope does not exceed three feet horizontal to one
foot vertical;
(b) the landward extent of the riprap is within 10ten feet of the
ordinary high water level; and
(c) the height of the riprap above the ordinary high water level
does not exceed three feet (3’).
The above proposed standards are included in the model ordinance. The one optional aspect of
that standard is located in B. (3). The model ordinance notes that requiring “deep-rooted and
dense” vegetation is not required, but permanent vegetation is requir ed.
ANALYSIS
Review Comments
Department of Natural Resources
The DNR Area Hydrologist provided no comment.
6 | P a g e
Carnelian-Marine-St. Croix Watershed District
The Carnelian-Marine-St. Croix Watershed District provided detailed comments regarding the
proposed amendment including additional considerations for the amendment. The letter is
attached and staff have provided an evaluation of these recommendations below in their analysis.
Comfort Lake Forest Lake Watershed District
The Comfort Lake Forest Lake Watershed District provided no comment.
Rice Creek Watershed District
The Rice Creek Watershed District stated they had no issue with the amendment and stated that
vegetative screening provides protection for riparian vegetation and habitat as well as possibly
acting as a buffer to upland runoff.
Staff Analysis
Retaining Wall Standards
Staff believe that the inclusion of the optional standards regarding permissibility of retaining
walls and standards for retaining walls (8.31 C.) would be beneficial for the city. Staff have
encountered a number of requests in the past years regarding improvements or modifications to
existing retaining walls. The proposed standards do not prohibit retaining walls, but do set a
higher bar for when retaining walls would be allowed by requiring documented existing erosion
problem. The construction of retaining walls for aesthetics reasons are ultimately harmful to the
water bodies they impact compared to natural conditions due to the removal of natural
topography and removal of vegetation that provides an ecological benefit.
Retaining Wall Screening
If the retaining wall standards in 8.31 C. are adopted, the Commission should discuss the
requirement for the retaining walls to be screened by vegetation. While there are ecological
benefits to vegetative screening, the standard as written in the model or dinance and the proposed
standards would create a large number of nonconformities within the city. If they Commission
believes the standard would be beneficial, staff would recommend that the standard be modified
to only apply to new retaining walls and existing retaining walls where more than 50% of the
total area of the wall is being modified. This standard could be worded as such:
New retaining walls must be screened by vegetation to not be visible from the waterbody.
Any existing retaining wall that is proposed to have more than 50% of the area of the
wall modified must incorporate vegetative screening to not be visible from the
waterbody.
Staff have concerns about the potential standard conflicting with the statutory rights of
nonconformities. The City Attorney has been consulted on the standard but has not provided
their interpretation yet.
7 | P a g e
CMSCWD Comments
CMSCWD provided additional standards to consider for the amendment. Staff believes that
some of the recommendations are unnecessary or too restrictive. Staff have provided an analysis
below of the standards that may fit the intent and needs of the ordinance.
• 8.31 C.
o CMSCWD recommends adding the exploration of alternatives prior to approving
the use of retaining walls. Consider adding:
(1) Existing erosion cannot be addressed through re-routing of stormwater,
restoration of vegetation, or application of bioengineering stabilization
techniques.
(2) Retaining walls are used only to correct the existing erosion problem and
are not for creating flat areas (less than 33% grade) or aesthetics.
(1) may increase the time and cost of evaluating erosion issues. The standard could be modified
to include language that encourages or identifies the other methods to address erosion issues, but
staff does not feel it should restrict property owner’s options.
(2) appears to be unnecessary as the amendment includes language that states retaining walls are
only allowed to address documented existing erosion problems.
• 8.31 C. (3)
o Recommend limiting tiering of walls that in totality exceed 4 ft in height.
Staff believe this standard is too restrictive and would lead to an increase in cost to property
owners.
• 8.31 C. (4)
o Recommend clarifying walls are screened with native vegetation to support the
ecological health of the lake.
Staff believe this standard is reasonable and could be included.
• 8.32 B. (1)
o Recommend specifying the Minnesota Pollution Control Agency stabilization
requirement for steep slopes: Stabilization must be initiated immediately to limit
soil erosion on any portion of the site when construction activity has permanently
ceased or will not resume within twenty-four (24) hours after the construction
activity has ceased.
The Assistant City Engineer reviewed the language regarding MPCA stabilization requirements
for steep slopes and noted they would recommend the language be included in the ordinance
amendment. This standard is already used as part of the design and review of construction
projects in the city.
• 8.32 B. (3)
o Recommend adding ‘native perennial’ to this vegetation criteria.
Staff believe this standard is reasonable and could be included.
8 | P a g e
• 8.32 B. (10)
o This ordinance is in conflict with watershed district rules and should be revised to
reduce confusion.
o Consider deleting and replacing 10a, 10b, and 10c,
o (a) WCD (or City) confirms the demonstrated need to stop existing erosion.
o (b) Bioengineering is determined by the WCD (or City) to be infeasible.
o (c) The proposed project conforms with watershed district rules.
Staff believe that the suggested standards regarding riprap are unnecessary and reflect
CMSCWD’s rules and standards rather than the city’s standards. Further, there are areas in the
city that are not within the boundaries of CMSCWD. If CMSCWD has a more restrictive
standard that would apply within their jurisdiction, then it would still apply regardless of the
city’s language regarding when riprap is allowed.
• 7.2 and 7.25 Stairways, Lifts and Landings
o Recommend clarifying the use of retaining walls for placing steps into the ground
on steep slopes.
o Consider clarifying preference for steps above the ground in SIZ and BIZ for
locations where retaining walls are needed to install into the ground.
This section of the Shoreland Ordinance is outside the scope of the public notice.
COMMISSION ACTION
The Planning Commission can do one of the following:
1. Recommend approval, with or without conditions, of the attached ordinance and
resolutions.
2. Recommend denial, with findings, of the attached ordinance and resolutions.
3. Table the request for further review/study.
RECOMMEDNATION
Staff recommends that the Planning Commission open a public hearing and receive any and all
comments from the public.
Staff recommends that the Planning Commission recommend approval of the ordinance
amendments, with any amendments that the Planning Commission believes are necessary or
appropriate:
Motion to recommend the City Council approval of the attached ordinance to amend
153.500.060 of the Unified Development Code to amend the applicability of grading
permits and the attached ordinance to amend Section 8.3 of the Shoreland Management
Regulations to amend the applicability of grading permits, the requirements for grading,
and standards for retaining walls, with the findings and conditions described within the
staff report.
9 | P a g e
Attachments
A. Draft Ordinance 2025-XX Amending 153.500.060 Administrative Permits for Land
Alteration and Grading Applicability
B. Draft Ordinance 2025-YY Amending the Grading and Filling Standards in the Shoreland
Ordinance
C. Draft Grading/Land Alteration Permit Application
D. Zoning Map
E. Rice Creek Watershed District comments, dated May 23, 2025
F. Carnelian-Marine-St. Croix Watershed District comments, dated May 28, 2025
G. City Council "Grading Permit Process and Review Recommendation” Packet, May 7,
2025
Page 1 of 2
CITY OF SCANDIA
ORDNANCE NO.: 2025-XX
AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE
153.500.060 SUBD.1 (F) I. REGARDING ADMINISTRATIVE PERMITS FOR LAND
ALTERATION AND GRADING APPLICABILITY
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Section 1 Amendment. The City of Scandia Unified Development Code (“Development Code”,
or “Code”), 153.500.060 Supplemental Review Procedures for Land Use Applications
Subd.1 (F) I.., shall be amended by adding the underlined text and deleting the stricken
text as follows:
Subd. 1. General Requirements. The general requirements as established in 153.500.050 Subd.
2 are further supplemented by the following procedures that are organized by Land Use
Application.
(F) Administrative Permits for Land Alteration and Grading – Supplemental Procedures.
Applicability. A grading, erosion and sediment control plan shall be submitted and an
Administrative Permit obtained for the following activities:
a. Land alteration and grading of 10 cubic yards or more of material added to or
removed from the site or excavated within the site; and/or the disturbance of land
area of 600 square feet or more.
a. All new commercial or industrial construction and additions.
b. All new residential construction and any new impervious surface if:
i. 5% or more of lot area is disturbed
ii. Construction or improvement are proposed within 50 ft. of a property line
c. As required by the Shoreland Management Ordinance within the Shoreland Overlay.
d. Clearing trees in an area larger than 20,000 square feet.
e. Any excavating, grading or filling or change in the earth’s topography in any
designated wetland or public water, wetland setback area, bluff setback or bluff
impact area, floodplain, shoreland district or the St. Croix River District.
f. All major or minor subdivisions
g. Any land alteration or development activity, regardless of size, that the City
determines is likely to cause an adverse impact to an environmentally sensitive area,
to another public property, or to a City right-of-way.
ATTACHMENT A
Page 2 of 2
Section 2 Planning Commission. The Planning Commission discussed the proposed ordinance
at their XX meeting and held a public hearing on the UDC amendment at a public hearing
at their XX X, 2025, meeting. No residents spoke at the public hearing. The Planning
Commission voted to recommend approval of the ordinance.
Section 3 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 ____ day of ___________, 2025.
Steve Kronmiller, Mayor
ATTEST:
Kyle Morell, City Administrator
Page 1 of 4
CITY OF SCANDIA
ORDNANCE NO.: 2025-YY
AN ORDINANCE AMENDING ORDINANCE 198, ALSO KNOWN AS CHAPTER 155
OF THE CITY CODE, 8.0 VEGETATION AND LAND ALTERATIONS REGARDING
GRADING AND FILLING
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, 8.0 Vegetation and Land Alterations, shall be amended by adding the
underlined text and deleting the stricken text as follows:
8.3 Grading and Filling.
8.31 Grading and filling activities must comply with the provisions of this subsection and
Section [153.400.050 Subd. 2, 153.500.060, Subd. 1 (F), and 153.500.070 Subd. 4]
except for the construction of public roads and parking areas if consistent with
Section 7.1 of this ordinance. the Scandia Development Code, Chapter 2, Sections
3.6.8.32 Permit Requirements.
A. Grading, filling and excavations necessary for the construction of structures and
sewage treatment systems, if part of an approved permit, do not require a
separate grading and filling permit. However, the standards in Section 8.33 of
this ordinance must be incorporated into the permit.
B. For all other work, a grading and filling permit is required for:
(1) The movement of more than ten (10) cubic yards of material and/or
disturbance of an area of 600 square feet or more ,or on steep slopes or
within the shore or bluff impact zones.
(2) The movement of more than 50 cubic yards of material outside of steep
slopes and shore and bluff impact zones.
(3) Any project with wetland impacts and/or grading within wetland buffers or
within 40 feet of a bluff line.
(4) Any land alteration or changing of a natural drainageway or drainage pattern
that increases or intensifies the flow of surface water onto an adjacent
property or that the City determines is likely to impact an environmentally
sensitive area.
ATTACHMENT B
Page 2 of 4
C. Placement of retaining walls, including boulder walls within the SIZ and BIZ, is
allowed, provided that:
(1) If the project includes work at or below the OHWL, the commissioner has
already approved or permitted the project.
(2) The structures are used only to correct a documented existing erosion
problem and not for aesthetic reasons.
(3) The height and length are the minimum necessary to control the erosion
problem and are not higher than 4 feet or longer than 10 feet, unless the
zoning administrator determines that a larger wall is necessary to correct
the erosion problem; and
(4) Walls are screened by vegetation to not be visible from the waterbody.
8.32 Grading, filling and excavation activities must meet the following standards:
A. Grading or filling of any wetland must meet or exceed the wetland protection
standards under Minnesota Rules, Chapter 8420 and any other permits, reviews,
or approvals by other local state, or federal agencies such as watershed districts,
the DNR or US Army Corps of Engineers;
B. Grading, filling and excavation activities must be designed and implemented to
minimize the amount of erosion and sediment from entering surface waters
during and after construction consistently by: (The first five items below
duplicate the City’s Development Code requirements; the others are unique to
shorelands.)
(1) Limiting the amount and time of bare ground exposure;
(2) Using temporary ground covers such as mulches or similar materials;
(3) Establishing permanent, deep-rooted and dense vegetation cover as soon
as possible;
(4) Using sediment traps, vegetated buffer strips or other appropriate
techniques;
(5) Stabilizing altered areas to acceptable erosion control standards consistent
with the field office technical guides of the soil and water conservation
district;
(6) Not placing fill or excavated material in a manner that creates unstable
slopes. Plans to place fill or excavated material on steep slopes must be
reviewed by qualified professionals for continued slope stability and must
not create finished slopes of 30 percent or greater;
(7) Fill or excavated material must not be placed in bluff impact zones;
Page 3 of 4
(8) Any alterations below the ordinary high water level of public waters must
first be authorized by the commissioner under Minnesota Statutes, Section
103G;
(9) Alterations of topography are only allowed if they are accessory to
permitted or conditional uses and do not adversely affect adjacent or
nearby properties; and
(10) Placement of natural rock riprap, including associated grading of the
shoreline and placement of a filter blanket, is permitted if:
(a) the finished slope does not exceed three feet horizontal to one foot
vertical;
(b) the landward extent of the riprap is within ten feet of the ordinary
high water level; and
(c) the height of the riprap above the ordinary high water level does not
exceed three feet (3’).
Section 2 Planning Commission. The Planning Commission discussed the proposed ordinance at
their XX meeting and held a public hearing on the amendment at a public hearing at their
XX X, 2025, meeting. No residents spoke at the public hearing. The Planning Commission
voted to recommend approval of the ordinance.
Page 4 of 4
Section 3 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 ____ day of ___________,
2025.
Steve Kronmiller, Mayor
ATTEST:
Kyle Morell, City Administrator
CITY OF SCANDIA
14727 209th St N., Scandia MN 55073 651-433-2274 fax 651-433-5112
Grading/Land Alteration Permit Application
Permit number (assigned by City): _____________________Date issued_________________
Project Address: _______________________________________________________________
PID number or legal description: ___________________________________________________
Owner: ____________________________________ Phone _________________________
Address: _______________________________________________________________________
General Contractor: ___________________________________State Lic. #________________
Address: _________________________________________Phone ________________________
Check applicable:
❑ All new commercial or industrial construction and additions.
❑ All new residential construction and any new impervious surface if:
❑ 5% or more of lot area is disturbed
❑ Construction or improvement are proposed within 50 ft. of a property line
❑ Within the Shoreland Overlay:
❑ Any movement of material within steep slopes (12%), the Shore Impact Zone, and the
Bluff Impact Zone.
❑ The movement of more than 50 cubic yards of material within the Shoreland
Management Overlay district.
❑ Any excavating, grading or filling or change in the earth’s topography in any designated
wetland, wetland setback area, floodplain, or the St. Croix River District.
❑ Clearing trees in an area larger than 20,000 square feet.
Submittal Documents:
❑ Existing and finished grade plan showing drainage patterns.
❑ Erosion and sediment control plan.
➢ Provide a Stormwater Pollution Prevention Plan (SWPPP) if a National Pollutant
Discharge Elimination System (NPDES) permit is required if Grading one acre or more of
soil; any grading, if it is determined that the activity poses a risk to water resources.
Signature: __________________________________________ Date: ______________________
E-mail: _______________________________________________________________________
FINAL INSPECTION: A final inspection is required when finished grade plan is achieved.
Grading Permit Fee $___50.00 __________
Escrow $__600.00__________
TOTAL $__650.00 _________
CITY ENGINEER SIGNATURE: ________________________________________________
FINAL INSPECTION: __________________________________________________________
ATTACHMENT C
ATTACHMENT D
1
TJ Hofer
From:William Roach <wroach@ricecreek.org>
Sent:Friday, May 23, 2025 3:46 PM
To:TJ Hofer
Subject:RE: Watershed Comments on Scandia Ordinance Amendments
*** WARNING: This email is from outside the company. Proceed with Caution***
Hi TJ,
Following up on this I wanted to share some preliminary thoughts about the two ordinance amendments.
The quesƟon about vehicles acƟng as impervious surface is an interesƟng one, in discussing with some of our regulatory
staff my understanding is that in general the District would not consider a vehicle parked on a pervious surface as
impervious as water would sƟll be able to infiltrate around and flow/infiltraƟon underneath the vehicle. That said, the
District’s definiƟon of Impervious Surfaces does menƟon compacted surfaces that increase the depth of runoff
compared to natural soils and landcover. An argument could be made that over Ɵme soil compacƟon could occur as a
result of frequent vehicle storage.
Regarding the grading permit amendment I discussed briefly with our regulatory manager and it does not appear that
they have any concerns with the proposed updated thresholds. As for the vegetaƟve screening requirement, in
discussing with regulatory staff it does not sound like we would have any data pertaining to this prac Ɵce, generally
speaking it would seem like this pracƟce could help protect riparian veg and habitat in addiƟon to possibly acƟng as
buffer to upland runoff as well but I would recommend reaching back out to DNR to see what sort of data based figures
they may have and could provide.
If you have any quesƟons, please let me know.
Thank You,
Will Roach
Watershed Technician/Inspector
4325 Pheasant Ridge Dr. NE #611
Blaine, MN 55449
Direct: (763)398-3085
Cell: (763)760-4955
wroach@ricecreek.org
From: TJ Hofer <tj.hofer@bolton-menk.com>
Sent: Wednesday, May 21, 2025 4:04 PM
To: Tom Langer <tom.langer@cmscwd.org>; Mike Sandager <mike.sandager@clflwd.org>; William Roach
<wroach@ricecreek.org>
Cc: k.morell@ci.scandia.mn.us
Subject: Watershed Comments on Scandia Ordinance Amendments
ATTACHMENT E
Carnelian-Marine-St. Croix Watershed District
11660 Myeron Rd North • Stillwater, MN 55082 • Tel 651-275-7451
Tori Dupre , President ● Kristin Tuenge , Treasurer ● Paul Richert, Secretary
Managers: Mike White, Pat Gleason, Ann Warner, & Fred Rozum alski
1
To: Scandia Planning Commission
From : CMSCWD Administrator & Specialist
Date: 5/28/2025
Subject : Response to Comment of UDC and Shoreland Ordinance for Grading Permit Requirements (and
Retaining Walls).
The Carnelian Marine St. Croix Watershed District (CMSCWD) provided letters and attended City
Meeting in November 2024 to share information that highlighted the Watershed Management Plan Goals
and the importance of the City’s shoreland ordinances in the protection of water resources. The
presentation and letters recommended reviewing multiple ordinance section simultaneously with
emphasis to updates to vegetation alterations, screening, and topographic alteration specifications. We
thank the City’s efforts to align or advance amendments to include the Minnesota DNR shoreland model
ordinances.
On May 21, 2025 the City requested review and comment from the CMSCWD in consideration of
proposed Shoreland Ordinance modifications related to grading and retaining walls. Thank you for the
opportunity to review and provide feedback for the City’s consideration.
General Commenting
The proposed modifications will affect many lakes within the City of Scandia. The CMSCWD’s primary
focus for consideration of changes is Big Marine Lake. Big Marine Lake is a regionally significant public
water with public accesses. Survey data from landowners and visitors show a strong desire to retain the
natural character of the shoreland for both the ecological health of the lake and the recreational enjoyment
of this unique high quality natural resource. The CMSCWD supports the City’s goals of improving
shoreland ordinances to protect the health of its natural resources while providing clear guidelines to
address concerns of erosion on steep slopes. The CMSCWD offers the following considerations for the
proposed May 7, 2025 UDC and Shoreland Amendment for Land Alteration and Grading memo:
Page 3, 8.0 VEGETATION AND LAND ALTERATIONS
8.31C. Placement of Retaining Walls:
• The proposed modifications are an improvement from previous ordinance.
8.31C. Placement of retaining walls, including boulder walls within the SIZ and BIZ, is allowed, provided
that:
• CMSCWD recommends adding the exploration of alternatives prior to approving the use
of retaining walls.
• Consider adding:
(1) Existing erosion cannot be addressed through re-routing of stormwater, restoration of
vegetation, or application of bioengineering stabilization techniques.
ATTACHMENT F
Carnelian-Marine-St. Croix Watershed District
11660 Myeron Rd North • Stillwater, MN 55082 • Tel 651-275-7451
Tori Dupre , President ● Kristin Tuenge , Treasurer ● Paul Richert, Secretary
Managers: Mike White, Pat Gleason, Ann Warner, & Fred Rozum alski
2
(2) Retaining walls are used only to correct the existing erosion problem and are not for
creating flat areas (less than 33% grade) or aesthetics.
8.31C (3) The height and length are the minimum necessary to control the erosion problem and are not
higher than 4 feet or longer than 10 feet, unless the zoning administration determines that a larger all is
necessary to correct the erosion problem; and
• Recommend limit ing tiering of walls t h at in t ot alit y exceed 4 ft in height.
Page 4, 8.0 VEGETATION AND LAND ALTERATIONS
8.31C (4) Walls are screened by vegetation to not be visible from the waterbody.
• CMSCWD supports this mitigation.
• Recommend clarifying walls are screened with native vegetation to support the ecological health
of the lake.
8.32 B (1) Limiting the amount and time of bare ground exposure
• Recommend specifying the Minnesota Pollution Control Agency stabilization requirement for
steep slopes: Stabilization must be initiated immediately to limit soil erosion on any portion of the
site when construction activity has permanently ceased or will not resume within twenty -four (24)
hours after the construction activity has ceased.
8.32 B (3) Establishing permanent, deep rooted and dense vegetation cover as soon as possible
• Recommend adding ‘native perennial’ to this vegetation criteria.
Page 5, 8.0 VEGETATION AND LAND ALTERATIONS
8.32 B (10) Placement of natural rock riprap, including associated grading of the shoreline and placement
of a filter blanket, is permitted if:
• This ordinance is in conflict with watershed district rules and should be revised to reduce
confusion.
• Consider deleting and replacing 10a, 10b, and 10c,
(a) WCD (or City) confirms the demonstrated need to stop existing erosion .
(b) Bioengineering is determined by the WCD (or City) to be infeasible.
(c) The proposed project conforms with watershed district rules.
Carnelian-Marine-St. Croix Watershed District
11660 Myeron Rd North • Stillwater, MN 55082 • Tel 651-275-7451
Tori Dupre , President ● Kristin Tuenge , Treasurer ● Paul Richert, Secretary
Managers: Mike White, Pat Gleason, Ann Warner, & Fred Rozum alski
3
Other Applicable Ordinances
Scandia Development Code Chapter 5 Shoreland & Wetland Management Regulations
7.2 Stairways, Lifts, and Landings, 7.25 Stairways, lifts, and landings may be either constructed above the
ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner
that ensures control of soil erosion .
• Recommend clarifying the use of retaining walls for placing steps into the ground on steep slopes.
• Consider clarifying preference for steps above the ground in SIZ and BIZ for locations where
retaining walls are needed to install into the ground.
1 | P a g e
Date of Meeting: May 7, 2025
To: Honorable Mayor and Members of the City Council
From: T.J. Hofer, Consultant City Planner
Re: UDC and Shoreland Amendment for Land Alteration and Grading
City staff have prepared draft ordinances that would amend a section of the Unified
Development Code (UDC) and a section of the Shoreland Ordinance to address changes to the
grading permit previously approved by the Council.
BACKGROUND
Based on concerns from residents, the City Council approved a motion at the March 18, 2025,
meeting for the City Engineer to make changes to the grading permit application form that alters
when a grading permit as required. Staff noted during the meeting that additional amendments
may be needed in the city’s adopted ordinances to reflect the changes to the permit.
Staff prepared an ordinance amendment for both the UDC and the Shoreland Ordinance to reflect
the changes to the permit requirements. The amendment was reviewed at the April 15, 2025,
Council meeting. The Council discussed a number of concerns and directed staff to revise the
proposed amendments.
Amending the Shoreland Ordinance requires an initial review and final approval by the DNR.
This process extends the usual ordinance amendment process.
SUMMARY OF UDC ORDINANCE AMENDMENT
153.500.060 SUPPLEMENTAL REVIEW PROCEDURES FOR LAND USE
APPLICATIONS.
Subd. 1. General Requirements. The general requirements as established in Subd. 2 are
further supplemented by the following procedures that are organized by Land Use
Application.
(F) Administrative Permits for Land Alteration and Grading – Supplemental Procedures.
Applicability. A grading, erosion and sediment control plan shall be submitted
and an Administrative Permit obtained for the following activities:
a. Land alteration and grading of 10 cubic yards or more of material added to
or removed from the site or excavated within the site; and/or the disturbance
of land area of 600 square feet or more.
a. All new commercial or industrial construction and additions.
ATTACHMENT G
2 | P a g e
b. All new residential construction and any new impervious surface if:
i. 5% or more of lot area is disturbed
ii. Construction or improvement are proposed within 50 ft. of a property
line
c. As required by the Shoreland Management Ordinance within the Shoreland
Overlay.
d. Clearing trees in an area larger than 20,000 square feet.
e. Any excavating, grading or filling or change in the earth’s topography in
any designated wetland or public water, wetland setback area, bluff setback
or bluff impact area, floodplain, shoreland district or the St. Croix River
District.
f. All major or minor subdivisions.
g. Any land alteration or development activity, regardless of size, that the City
determines is likely to cause an adverse impact to an environmentally
sensitive area, to another public property, or to a City right-of-way.
Staff have discussed the potential need for grading permits and added more specific criteria to
clearly identify when a grading permit is needed.
SUMMARY OF SHORELAND ORDINANCE AMENDMENT
8.0 VEGETATION AND LAND ALTERATIONS
8.31 Grading and filling activities must comply with the provisions of this
subsection and Section [153.400.050 Subd. 2, 153.500.060, Subd. 1 (F), and
153.500.070 Subd. 4] except for the construction of public roads and parking
areas if consistent with Section 7.1 of this ordinance. the Scandia
Development Code, Chapter 2, Sections 3.6.8.32 Permit Requirements.
The above standard is included in the model ordinance. Staff does not see a reason to exclude the
exception standard from the city’s ordinance.
A. Grading, filling and excavations necessary for the construction of
structures and sewage treatment systems, if part of an approved permit, do
not require a separate grading and filling permit. However, the standards
in Section 8.33 of this ordinance must be incorporated into the permit.
B. For all other work, a grading and filling permit is required for:
(1) The movement of more than ten (10) cubic yards of material and/or
disturbance of an area of 600 square feet or more ,or on steep slopes
or within the shore or bluff impact zones.
(2) The movement of more than 50 cubic yards of material outside of
steep slopes and shore and bluff impact zones.s
3 | P a g e
(3) Any project with wetland impacts and/or grading within wetland
buffers. or within 40 feet of a bluff line.
(4) Any land alteration or changing of a natural drainageway or drainage
pattern that increases or intensifies the flow of surface water onto an
adjacent property or that the City determines is likely to impact an
environmentally sensitive area.
Staff have drafted standards that require a grading permit wherever grading or filling is proposed
in the shoreland ordinance. The city’s grading permit has stated that a grading permit was
required when any material within the shoreland overlay was proposed and staff originally
proposed an amendment to reflect this requirement. Council directed staff that a lesser standard
would be desired.
The model ordinance has lesser standards that set higher standards for the more sensitive areas
within the shoreland overlay. Staff believe that the lesser standards that delineates between the
sensitive areas within the shoreland overlay meets the goals of the City. The images that detail
the shore and bluff impact zone within the shoreland ordinance are below for reference.
The model standards allow for grading and filling up to 10 cubic yards in the shore impact zone
(up to the OHWL) and bluff impact zone (which includes the bluff itself) without a permit. Staff
is recommending that these more sensitive areas be further protected by requiring a permit
whenever material is moved on steep slopes, the shore impact zone, and the bluff impact zone.
The intent of the requirement is to ensure that erosion in these sensitive areas is controlled. The
intent is not to prohibit activities like application of mulch to an existing garden or landscaping.
Language could be further refined to delineate these exceptions. The Council should discuss
whether there are any additional concerns regarding grading and filling in the more sensitive
areas within the shoreland overlay.
Staff is proposing the grading permit application form also be updated to reflect the standards
that are approved by the City Council..
C. Placement of retaining walls, including boulder walls within the SIZ and
BIZ, is allowed, provided that:
(1) If the project includes work at or below the OHWL, the
commissioner has already approved or permitted the project.
4 | P a g e
(2) The structures are used only to correct a documented existing
erosion problem and not for aesthetic reasons.
(3) The height and length are the minimum necessary to control the
erosion problem and are not higher than 4 feet or longer than 10 feet,
unless the zoning administrator determines that a larger wall is
necessary to correct the erosion problem; and
(4) Walls are screened by vegetation to not be visible from the
waterbody.
Staff have incorporated the standards in the model ordinance for retaining walls in the shoreland
overlay, with some small modifications for clarity. The retaining wall standards in the shoreland
ordinance are an optional inclusion and can be removed from the amendment entirely if the
Council believes they are unneeded or inappropriate for the city. Retaining walls tend to be a
consistent point of contention and confusion for residents. Establishing standards in the
shoreland overlay allows staff a more direct way to address concerns from both residents and the
watersheds within the City.
The Council may wish to discuss C. (4), which requires screening of retaining walls with
vegetation “to not be visible from the waterbody.” It is staff’s understanding that the standard is
included for aesthetic reasons. While vegetation between structures and the waterbody help with
the ecology and environment around the lake, unless specific types of plants are required, the
impact may be negligible. As part of the review with the DNR and Planning Commission, staff
can contact the DNR and watersheds in the City to understand the purpose of the ordinance and
potential benefits versus the additional fiscal cost to owners installing a retaining wall.
Additionally, if adopted, this would make many retaining walls in the City nonconforming. This
would have no immediate impact on those retaining walls but would require eventual conformity
as the walls need to be replaced or reconstructed.
8.32 Grading, filling and excavation activities must meet the following standards:
A. Grading or filling of any wetland must meet or exceed the wetland
protection standards under Minnesota Rules, Chapter 8420 and any other
permits, reviews, or approvals by other local state, or federal agencies
such as watershed districts, the DNR or US Army Corps of Engineers;
B. Grading, filling and excavation activities must be designed and
implemented to minimize the amount of erosion and sediment from
entering surface waters during and after construction consistently by: (The
first five items below duplicate the City’s Development Code
requirements; the others are unique to shorelands.)
(1) Limiting the amount and time of bare ground exposure;
(2) Using temporary ground covers such as mulches or similar materials;
(3) Establishing permanent, deep-rooted and dense vegetation cover as
soon as possible;
5 | P a g e
(4) Using sediment traps, vegetated buffer strips or other appropriate
techniques;
(5) Stabilizing altered areas to acceptable erosion control standards
consistent with the field office technical guides of the soil and water
conservation district;
(6) Not placing fill or excavated material in a manner that creates
unstable slopes. Plans to place fill or excavated material on steep
slopes must be reviewed by qualified professionals for continued
slope stability and must not create finished slopes of 30 percent or
greater;
(7) Fill or excavated material must not be placed in bluff impact zones;
(8) Any alterations below the ordinary high water level of public waters
must first be authorized by the commissioner under Minnesota
Statutes, Section 103G;
(9) Alterations of topography are only allowed if they are accessory to
permitted or conditional uses and do not adversely affect adjacent or
nearby properties; and
(10) Placement of natural rock riprap, including associated grading of the
shoreline and placement of a filter blanket, is permitted if:
(a) the finished slope does not exceed three feet horizontal to one
foot vertical;
(b) the landward extent of the riprap is within ten feet of the
ordinary high water level; and
(c) the height of the riprap above the ordinary high water level
does not exceed three feet (3’).
The above proposed standards are included in the model ordinance. The one optional aspect of
that standard is located in B. (3). The model ordinance notes that requiring “deep-rooted and
dense” vegetation is not required, but permanent vegetation is requir ed.
COUNCIL ACTION
The City Council can choose to have the language move forward through the amendment process
by directing staff to begin the shoreland ordinance amendment process with the DNR and
recommending the ordinance amendment to the Planning Commission, or, have staff continue to
work on the amendments before beginning the process.
RECOMMENDATION
Staff recommend the Council discuss the draft ordinance amendment language and direct staff to
begin the ordinance amendment process with the DNR and recommend the ordinance
6 | P a g e
amendments to address changes to the grading permit to the Planning Commission to be heard at
a public hearing at the next possible meeting.
Attachments
A. Draft Ordinance 2025-XX Amending 153.500.060 Administrative Permits for Land
Alteration and Grading Applicability
B. Draft Ordinance 2025-YY Amending the Grading and Filling Standards in the Shoreland
Ordinance
C. Draft Grading/Land Alteration Permit Application
D. Zoning Map
E. City Council "Grading Permit Process and Review Recommendation” Packet, April 15,
2025
Page 1 of 2
CITY OF SCANDIA
ORDNANCE NO.: 2025-XX
AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE
153.500.060 SUBD.1 (F) I. REGARDING ADMINISTRATIVE PERMITS FOR LAND
ALTERATION AND GRADING APPLICABILITY
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Section 1 Amendment. The City of Scandia Unified Development Code (“Development Code”,
or “Code”), 153.500.060 Supplemental Review Procedures for Land Use Applications
Subd.1 (F) I.., shall be amended by adding the underlined text and deleting the stricken
text as follows:
(F) Administrative Permits for Land Alteration and Grading – Supplemental Procedures.
Applicability. A grading, erosion and sediment control plan shall be submitted and an
Administrative Permit obtained for the following activities:
a. Land alteration and grading of 10 cubic yards or more of material added to or
removed from the site or excavated within the site; and/or the disturbance of land
area of 600 square feet or more.
a. All new commercial or industrial construction and additions.
b. All new residential construction and any new impervious surface if:
i. 5% or more of lot area is disturbed
ii. Construction or improvement are proposed within 50 ft. of a property line
c. As required by the Shoreland Management Ordinance within the Shoreland Overlay.
d. Clearing trees in an area larger than 20,000 square feet.
e. Any excavating, grading or filling or change in the earth’s topography in any
designated wetland or public water, wetland setback area, bluff setback or bluff
impact area, floodplain, shoreland district or the St. Croix River District.
f. All major or minor subdivisions
g. Any land alteration or development activity, regardless of size, that the City
determines is likely to cause an adverse impact to an environmentally sensitive area,
to another public property, or to a City right-of-way.
Section 2 Planning Commission. The Planning Commission discussed the proposed ordinance
at their XX meeting and held a public hearing on the UDC amendment at a public hearing
at their XX X, 2025, meeting. No residents spoke at the public hearing. The Planning
Commission voted to recommend approval of the ordinance.
Page 2 of 2
Section 3 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 ____ day of ___________, 2025.
Steve Kronmiller, Mayor
ATTEST:
Kyle Morell, City Administrator
Page 1 of 4
CITY OF SCANDIA
ORDNANCE NO.: 2025-YY
AN ORDINANCE AMENDING ORDINANCE 198, ALSO KNOWN AS CHAPTER 155
OF THE CITY CODE, 8.0 VEGETATION AND LAND ALTERATIONS REGARDING
GRADING AND FILLING
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, 8.0 Vegetation and Land Alterations, shall be amended by adding the
underlined text and deleting the stricken text as follows:
8.3 Grading and Filling.
8.31 Grading and filling activities must comply with the provisions of this subsection and
Section [153.400.050 Subd. 2, 153.500.060, Subd. 1 (F), and 153.500.070 Subd. 4]
except for the construction of public roads and parking areas if consistent with
Section 7.1 of this ordinance. the Scandia Development Code, Chapter 2, Sections
3.6.8.32 Permit Requirements.
A. Grading, filling and excavations necessary for the construction of structures and
sewage treatment systems, if part of an approved permit, do not require a
separate grading and filling permit. However, the standards in Section 8.33 of
this ordinance must be incorporated into the permit.
B. For all other work, a grading and filling permit is required for:
(1) The movement of more than ten (10) cubic yards of material and/or
disturbance of an area of 600 square feet or more ,or on steep slopes or
within the shore or bluff impact zones.
(2) The movement of more than 50 cubic yards of material outside of steep
slopes and shore and bluff impact zones.
(3) Any project with wetland impacts and/or grading within wetland buffers or
within 40 feet of a bluff line.
(4) Any land alteration or changing of a natural drainageway or drainage pattern
that increases or intensifies the flow of surface water onto an adjacent
property or that the City determines is likely to impact an environmentally
sensitive area.
Page 2 of 4
C. Placement of retaining walls, including boulder walls within the SIZ and BIZ, is
allowed, provided that:
(1) If the project includes work at or below the OHWL, the commissioner has
already approved or permitted the project.
(2) The structures are used only to correct a documented existing erosion
problem and not for aesthetic reasons.
(3) The height and length are the minimum necessary to control the erosion
problem and are not higher than 4 feet or longer than 10 feet, unless the
zoning administrator determines that a larger wall is necessary to correct
the erosion problem; and
(4) Walls are screened by vegetation to not be visible from the waterbody.
8.32 Grading, filling and excavation activities must meet the following standards:
A. Grading or filling of any wetland must meet or exceed the wetland protection
standards under Minnesota Rules, Chapter 8420 and any other permits, reviews,
or approvals by other local state, or federal agencies such as watershed districts,
the DNR or US Army Corps of Engineers;
B. Grading, filling and excavation activities must be designed and implemented to
minimize the amount of erosion and sediment from entering surface waters
during and after construction consistently by: (The first five items below
duplicate the City’s Development Code requirements; the others are unique to
shorelands.)
(1) Limiting the amount and time of bare ground exposure;
(2) Using temporary ground covers such as mulches or similar materials;
(3) Establishing permanent, deep-rooted and dense vegetation cover as soon
as possible;
(4) Using sediment traps, vegetated buffer strips or other appropriate
techniques;
(5) Stabilizing altered areas to acceptable erosion control standards consistent
with the field office technical guides of the soil and water conservation
district;
(6) Not placing fill or excavated material in a manner that creates unstable
slopes. Plans to place fill or excavated material on steep slopes must be
reviewed by qualified professionals for continued slope stability and must
not create finished slopes of 30 percent or greater;
(7) Fill or excavated material must not be placed in bluff impact zones;
Page 3 of 4
(8) Any alterations below the ordinary high water level of public waters must
first be authorized by the commissioner under Minnesota Statutes, Section
103G;
(9) Alterations of topography are only allowed if they are accessory to
permitted or conditional uses and do not adversely affect adjacent or
nearby properties; and
(10) Placement of natural rock riprap, including associated grading of the
shoreline and placement of a filter blanket, is permitted if:
(a) the finished slope does not exceed three feet horizontal to one foot
vertical;
(b) the landward extent of the riprap is within ten feet of the ordinary
high water level; and
(c) the height of the riprap above the ordinary high water level does not
exceed three feet (3’).
Section 2 Planning Commission. The Planning Commission discussed the proposed ordinance at
their XX meeting and held a public hearing on the amendment at a public hearing at their
XX X, 2025, meeting. No residents spoke at the public hearing. The Planning Commission
voted to recommend approval of the ordinance.
Page 4 of 4
Section 3 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 ____ day of ___________,
2025.
Steve Kronmiller, Mayor
ATTEST:
Kyle Morell, City Administrator
CITY OF SCANDIA
14727 209th St N., Scandia MN 55073 651-433-2274 fax 651-433-5112
Grading/Land Alteration Permit Application
Permit number (assigned by City): _____________________Date issued_________________
Project Address: _______________________________________________________________
PID number or legal description: ___________________________________________________
Owner: ____________________________________ Phone _________________________
Address: _______________________________________________________________________
General Contractor: ___________________________________State Lic. #________________
Address: _________________________________________Phone ________________________
Check applicable:
❑ All new commercial or industrial construction and additions.
❑ All new residential construction and any new impervious surface if:
❑ 5% or more of lot area is disturbed
❑ Construction or improvement are proposed within 50 ft. of a property line
❑ Within the Shoreland Overlay:
❑ Any movement of material within steep slopes (12%), the Shore Impact Zone, and the
Bluff Impact Zone.
❑ The movement of more than 50 cubic yards of material within the Shoreland
Management Overlay district.
❑ Any excavating, grading or filling or change in the earth’s topography in any designated
wetland, wetland setback area, floodplain, or the St. Croix River District.
❑ Clearing trees in an area larger than 20,000 square feet.
Submittal Documents:
❑ Existing and finished grade plan showing drainage patterns.
❑ Erosion and sediment control plan.
➢ Provide a Stormwater Pollution Prevention Plan (SWPPP) if a National Pollutant
Discharge Elimination System (NPDES) permit is required if Grading one acre or more of
soil; any grading, if it is determined that the activity poses a risk to water resources.
Signature: __________________________________________ Date: ______________________
E-mail: _______________________________________________________________________
FINAL INSPECTION: A final inspection is required when finished grade plan is achieved.
Grading Permit Fee $___50.00 __________
Escrow $__600.00__________
TOTAL $__650.00 _________
CITY ENGINEER SIGNATURE: ________________________________________________
FINAL INSPECTION: __________________________________________________________
1 | P a g e
Date of Meeting: April 15, 2025
To: Honorable Mayor and Members of the City Council
From: T.J. Hofer, Consultant City Planner
Re: UDC and Shoreland Amendment for Land Alteration and Grading
City staff have prepared draft ordinances that would amend a section of the Unified
Development Code (UDC) and a section of the Shoreland Ordinance to address changes to the
grading permit previously approved by the Council.
BACKGROUND
Based on concerns from residents, the City Council approved a motion at the March 18, 2025,
meeting for the City Engineer to make changes to the grading permit application form that alters
when a grading permit as required. Staff noted during the meeting that additional amendments
may be needed in the city’s adopted ordinances to reflect the changes to the permit.
Staff have prepared an ordinance amendment for both the UDC and the Shoreland Ordinance to
reflect the changes to the permit requirements. In addition, staff have included additional
standards in the Shoreland Ordinance amendment that may help with administering the
ordinance based on the Department of Natural Resources (DNR) Model Shoreland Ordinance
(model ordinance) for the Council to consider and discuss.
Amending the Shoreland Ordinance requires an initial review and final approval by the DNR.
This process extends the usual ordinance amendment process.
SUMMARY OF UDC ORDINANCE AMENDMENT
153.500.060 SUPPLEMENTAL REVIEW PROCEDURES FOR LAND USE
APPLICATIONS.
Subd. 1. General Requirements. The general requirements as established in Subd. 2 are
further supplemented by the following procedures that are organized by Land Use
Application.
(F) Administrative Permits for Land Alteration and Grading – Supplemental Procedures.
Applicability. A grading, erosion and sediment control plan shall be submitted
and an Administrative Permit obtained for the following activities:
2 | P a g e
a. Land alteration and grading of 10 cubic yards or more of material added to
or removed from the site or excavated within the site; and/or the disturbance
of land area of 600 square feet or more.
b. All major or minor subdivisions.
c. Any excavating, grading or filling or change in the earth’s topography in any
designated wetland or public water, wetland setback area, bluff setback or
bluff impact area, floodplain, shoreland district, or the St. Croix River
District.
d. Any land alteration or development activity, regardless of size, that the City
determines is likely to cause an adverse impact to an environmentally
sensitive area, to another public property, or to a City right-of-way.
The City Engineer proposed removing the dimensional requirements for a grading permit and
instead believes it will be more beneficial to have permits review so that a determination can be
made under (F) I. d. above.
SUMMARY OF SHORELAND ORDINANCE AMENDMENT
8.0 VEGETATION AND LAND ALTERATIONS
8.3 Grading and Filling.
8.31 Grading and filling activities must comply with the provisions of this subsection
except for the construction of public roads and parking areas if consistent with
Section 7.1 of this ordinance.
The above standard is included in the model ordinance. Staff does not see a reason to exclude the
standard from the city’s ordinance.
8.312 Grading and filling activities must comply with the provisions of this subsection
and Section [153.400.050 Subd. 2, 153.500.060, Subd. 1 (F), and 153.500.070
Subd. 4]the Scandia Development Code, Chapter 2, Sections 3.6.8.32 Permit
Requirements.
A. Grading, filling and excavations necessary for the construction of
structures and sewage treatment systems, if part of an approved permit, do
not require a separate grading and filling permit. However, the standards
in Section 8.33 of this ordinance must be incorporated into the permit.
3 | P a g e
B. For all other work, a grading and filling permit is required for:
(1) Any grading or filling in the shoreland overlay requires a grading
and filling permit. The movement of more than ten (10) cubic yards
of material and/or disturbance of an area of 600 square feet or more
,or within the shore or bluff impact zones.
(2) Any project with wetland impacts and/or grading within wetland
buffers or within 40 feet of a bluff line.
(3) Any land alteration or changing of a natural drainageway or drainage
pattern that increases or intensifies the flow of surface water onto an
adjacent property or that the City determines is likely to impact an
environmentally sensitive area.
Staff have drafted standards that require a grading permit wherever grading or filling is proposed
in the shoreland ordinance. As the local government unit (LGU), the City of Scandia s
responsible for adopted ordinances and various standards established in state statute and rules.
When the city has a permit issued, enforcement of issues becomes an easier process for staff to
address. Grading permits typically require a $50 fee and a $600 escrow. The city is able to waive
the escrow requirement at an administrative level to minimize the fiscal impact to applicants
when proposals are limited in scope while still maintaining the permit for the city’s enforcement
purposes.
C. Placement of retaining walls, including boulder walls within the SIZ and
BIZ, is allowed, provided that:
(1) If the project includes work at or below the OHWL, the
commissioner has already approved or permitted the project.
(2) The structures are used only to correct a documented existing
erosion problem and not for aesthetic reasons.
(3) The height and length are the minimum necessary to control the
erosion problem and are not higher than 4 feet or longer than 10 feet,
unless the zoning administrator determines that a larger wall is
necessary to correct the erosion problem; and
(4) Walls are screened by vegetation to not be visible from the
waterbody.
Staff have incorporated the standards in the model ordinance for retaining walls in the shoreland
overlay, with some small modifications for clarity. The retaining wall standards in the shoreland
ordinance are an optional inclusion and can be removed from the amendment entirely if the
Council believes they are unneeded or inappropriate for the city. Retaining walls tend to be a
consistent point of contention and confusion for residents. Establishing standards in the
4 | P a g e
shoreland overlay allows staff a more direct way to address concerns from both residents and the
watersheds within the City.
The Council may wish to discuss C. (4), which requires screening of retaining walls with
vegetation “to not be visible from the waterbody.” It is staff’s understanding that the standard is
included for aesthetic reasons. While vegetation between structures and the waterbody help with
the ecology and environment around the lake, unless specific types of plants are required, the
impact may be negligible. As part of the review with the DNR and Planning Commission, staff
can contact the DNR and watersheds in the City to understand the purpose of the ordinance and
potential benefits versus the additional fiscal cost to owners installing a retaining wall.
Additionally, if adopted, this would make many retaining walls in the City nonconforming. This
would have no immediate impact on those retaining walls but would require eventual conformity
as the walls need to be replaced or reconstructed.
8.33 Grading, filling and excavation activities must meet the following standards:
A. Grading or filling of any wetland must meet or exceed the wetland
protection standards under Minnesota Rules, Chapter 8420 and any other
permits, reviews, or approvals by other local state, or federal agencies such as
watershed districts, the DNR or US Army Corps of Engineers;
B. Grading, filling and excavation activities must be designed and implemented
to minimize the amount of erosion and sediment from entering surface
waters during and after construction consistently by: (The first five items
below duplicate the City’s Development Code requirements; the others are
unique to shorelands.)
(1) Limiting the amount and time of bare ground exposure;
(2) Using temporary ground covers such as mulches or similar materials;
(3) Establishing permanent, deep-rooted and dense vegetation cover as
soon as possible;
(4) Using sediment traps, vegetated buffer strips or other appropriate
techniques;
(5) Stabilizing altered areas to acceptable erosion control standards
consistent with the field office technical guides of the soil and water
conservation district;
(6) Not placing fill or excavated material in a manner that creates
unstable slopes. Plans to place fill or excavated material on steep
slopes must be reviewed by qualified professionals for continued
slope stability and must not create finished slopes of 30 percent or
greater;
5 | P a g e
(7) Fill or excavated material must not be placed in bluff impact zones;
(8) Any alterations below the ordinary high water level of public waters
must first be authorized by the commissioner under Minnesota
Statutes, Section 103G;
(9) Alterations of topography are only allowed if they are accessory to
permitted or conditional uses and do not adversely affect adjacent or
nearby properties; and
(10) Placement of natural rock riprap, including associated grading of the
shoreline and placement of a filter blanket, is permitted if:
(a) the finished slope does not exceed three feet horizontal to one
foot vertical;
(b) the landward extent of the riprap is within ten feet of the
ordinary high water level; and
(c) the height of the riprap above the ordinary high water level
does not exceed three feet (3’).
The above proposed standards are included in the model ordinance. The one optional aspect of
that standard is located in B. (3). The model ordinance notes that requiring “deep-rooted and
dense” vegetation is not required, but permanent vegetation is required.
COUNCIL ACTION
The City Council can choose to have the language move forward through the amendment process
by directing staff to begin the shoreland ordinance amendment process with the DNR and
recommending the ordinance amendment to the Planning Commission, or, have staff continue to
work on the amendments before beginning the process.
RECOMMENDATION
Staff recommend the Council discuss the draft ordinance amendment language and direct staff to
begin the ordinance amendment process with the DNR and recommend the ordinance
amendments to address changes to the grading permit to the Planning Commission to be heard at
a public hearing at the next possible meeting.
Attachments
A. Draft Ordinance 2025-XX Amending 153.500.060 Administrative Permits for Land
Alteration and Grading Applicability
6 | P a g e
B. Draft Ordinance 2025-YY Amending the Grading and Filling Standards in the Shoreland
Ordinance
C. Zoning Map
D. City Council "Grading Permit Process and Review Recommendation” Packet, March 18,
2025
Page 1 of 2
CITY OF SCANDIA
ORDNANCE NO.: 2025-XX
AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE
153.500.060 SUBD.1 (F) I. REGARDING ADMINISTRATIVE PERMITS FOR LAND
ALTERATION AND GRADING APPLICABILITY
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Section 1 Amendment. The City of Scandia Unified Development Code (“Development Code”,
or “Code”), 153.500.060 Supplemental Review Procedures for Land Use Applications
Subd.1 (F) I.., shall be amended by adding the underlined text and deleting the stricken
text as follows:
(F) Administrative Permits for Land Alteration and Grading – Supplemental Procedures.
Applicability. A grading, erosion and sediment control plan shall be submitted and an
Administrative Permit obtained for the following activities:
a. Land alteration and grading of 10 cubic yards or more of material added to or
removed from the site or excavated within the site; and/or the disturbance of land
area of 600 square feet or more.
b. All major or minor subdivisions.
c. Any excavating, grading or filling or change in the earth’s topography in any
designated wetland or public water, wetland setback area, bluff setback or bluff
impact area, floodplain, and shoreland district, or the St. Croix River District.
d. Any land alteration or development activity, regardless of size, that the City
determines is likely to cause an adverse impact to an environmentally sensitive area,
to another public property, or to a City right-of-way.
Section 2 Planning Commission. The Planning Commission discussed the proposed ordinance
at their XX meeting and held a public hearing on the UDC amendment at a public hearing
at their XX X, 2025, meeting. No residents spoke at the public hearing. The Planning
Commission voted to recommend approval of the ordinance.
Page 2 of 2
Section 3 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 ____ day of ___________, 2025.
Steve Kronmiller, Mayor
ATTEST:
Kyle Morell, City Administrator
Page 1 of 4
CITY OF SCANDIA
ORDNANCE NO.: 2025-YY
AN ORDINANCE AMENDING ORDINANCE 198, ALSO KNOWN AS CHAPTER 155
OF THE CITY CODE, 8.0 VEGETATION AND LAND ALTERATIONS REGARDING
GRADING AND FILLING
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, 8.0 Vegetation and Land Alterations, shall be amended by adding the
underlined text and deleting the stricken text as follows:
8.3 Grading and Filling.
8.31 Grading and filling activities must comply with the provisions of this subsection
except for the construction of public roads and parking areas if consistent with
Section 7.1 of this ordinance.
8.312 Grading and filling activities must comply with the provisions of this subsection and
Section [153.400.050 Subd. 2, 153.500.060, Subd. 1 (F), and 153.500.070 Subd. 4]the
Scandia Development Code, Chapter 2, Sections 3.6.8.32 Permit Requirements.
A. Grading, filling and excavations necessary for the construction of structures and
sewage treatment systems, if part of an approved permit, do not require a
separate grading and filling permit. However, the standards in Section 8.33 of
this ordinance must be incorporated into the permit.
B. For all other work, a grading and filling permit is required for:
(1) Any grading or filling in the shoreland overlay requires a grading and
filling permit.The movement of more than ten (10) cubic yards of material
and/or disturbance of an area of 600 square feet or more ,or within the
shore or bluff impact zones.
(2) Any project with wetland impacts and/or grading within wetland buffers
or within 40 feet of a bluff line.
(3) Any land alteration or changing of a natural drainageway or drainage
pattern that increases or intensifies the flow of surface water onto an
adjacent property or that the City determines is likely to impact an
environmentally sensitive area.
Page 2 of 4
C. Placement of retaining walls, including boulder walls within the SIZ and BIZ, is
allowed, provided that:
(1) If the project includes work at or below the OHWL, the commissioner has
already approved or permitted the project.
(2) The structures are used only to correct a documented existing erosion
problem and not for aesthetic reasons.
(3) The height and length are the minimum necessary to control the erosion
problem and are not higher than 4 feet or longer than 10 feet, unless the
zoning administrator determines that a larger wall is necessary to correct
the erosion problem; and
(4) Walls are screened by vegetation to not be visible from the waterbody.
8.33 Grading, filling and excavation activities must meet the following standards:
A. Grading or filling of any wetland must meet or exceed the wetland protection
standards under Minnesota Rules, Chapter 8420 and any other permits, reviews,
or approvals by other local state, or federal agencies such as watershed districts,
the DNR or US Army Corps of Engineers;
B. Grading, filling and excavation activities must be designed and implemented to
minimize the amount of erosion and sediment from entering surface waters
during and after construction consistently by: (The first five items below
duplicate the City’s Development Code requirements; the others are unique to
shorelands.)
(1) Limiting the amount and time of bare ground exposure;
(2) Using temporary ground covers such as mulches or similar materials;
(3) Establishing permanent, deep-rooted and dense vegetation cover as soon
as possible;
(4) Using sediment traps, vegetated buffer strips or other appropriate
techniques;
(5) Stabilizing altered areas to acceptable erosion control standards consistent
with the field office technical guides of the soil and water conservation
district;
(6) Not placing fill or excavated material in a manner that creates unstable
slopes. Plans to place fill or excavated material on steep slopes must be
reviewed by qualified professionals for continued slope stability and must
not create finished slopes of 30 percent or greater;
(7) Fill or excavated material must not be placed in bluff impact zones;
Page 3 of 4
(8) Any alterations below the ordinary high water level of public waters must
first be authorized by the commissioner under Minnesota Statutes, Section
103G;
(9) Alterations of topography are only allowed if they are accessory to
permitted or conditional uses and do not adversely affect adjacent or
nearby properties; and
(10) Placement of natural rock riprap, including associated grading of the
shoreline and placement of a filter blanket, is permitted if:
(a) the finished slope does not exceed three feet horizontal to one foot
vertical;
(b) the landward extent of the riprap is within ten feet of the ordinary
high water level; and
(c) the height of the riprap above the ordinary high water level does not
exceed three feet (3’).
Section 2 Planning Commission. The Planning Commission discussed the proposed ordinance at
their XX meeting and held a public hearing on the amendment at a public hearing at their
XX X, 2025, meeting. No residents spoke at the public hearing. The Planning Commission
voted to recommend approval of the ordinance.
Page 4 of 4
Section 3 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 ____ day of ___________,
2025.
Steve Kronmiller, Mayor
ATTEST:
Kyle Morell, City Administrator
14727 209 th St. N., Scandia, Minnesota 55073
Phone (651) 433 -2274 Fax (651) 433 -5112 http://www.ci tyof scandia.com
March 18, 2025
Honorable Mayor and City Council
14727 209th Street N
Scandia, MN 55073
Re: General Engineering
Grading Permit Process and Review Recommendation
Dear Mayor and Council:
At the November 19th City Council Meeting, a resident expressed concerns with the current
grading permit process in Scandia during the public forum. The main concern was regarding
potential redundancies between the City’s and Watershed’s grading permits. The City requested
that Bolton and Menk prepare a memo to outline the current review process, history of its
implementation, and potential changes that could be made (the current grading permit
application is attached which outlines when it is required for reference).
While both the City and Watershed require “grading permits” for land alterations in the City of
Scandia, they serve different purposes. The Watershed requires these permits to determine the
impact of new impervious surfaces on a property and how that water should be treated prior to
leaving the site. The City’s grading permit reviews property zoning, overall drainage concerns
both the impact to the resident’s property and to ensure that water is not directed to
neighboring lots), low floor elevations on buildings, driveway elevations, grades, and other
aspects of the land alteration that may be problematic.
The City’s grading permit and review process was altered due to multiple land alterations that
ended up negatively impacting adjacent properties. This can lead to expensive repairs and
additional work that could have been foregone with a proper review ahead of time. An example
of this, being when the City implemented a street grade correction on Layton Avenue as part of
the 2021 Street Improvement Project to fix an issue caused by a previously altered lot.
The fee for a City of Scandia grading permit is $650 in total; $600 of which is put into escrow for
the time required to complete a review and provide a signed/approved to the resident.
Typically, Bolton and Menk uses 1-3 hours to complete one of these reviews, with the large
majority being approximately 1.5 hours for review time and 0.5-1 hours for a final field
inspection. The unused fee is then reimbursed to the homeowner upon permit closeout.
14727 209 th St. N., Scandia, Minnesota 55073
Phone (651) 433 -2274 Fax (651) 433 -5112 http://www.ci tyof scandia.com
Upon request from the Council at the December 17th, 2024, City Council Meeting; City Staff,
Bolton and Menk, and the CMSCWD conducted multiple meetings to review the current grading
permit processes and developed the following recommendation.
We recommend that the City of Scandia adopt the following revisions to the current land
alteration permitting process:
REMOVE the following checkbox from the current land alteration permit application:
Land alteration and grading of 10 cubic yards or more of material added to or removed
from the site or excavated within the site; and/or disturbance of land area of 600 square
feet or more.
MODIFY the following checkbox from the current land alteration permit application:
Any land alteration or development activity, regardless of size, that the City determines
is likely to cause an adverse impact to an environmentally sensitive area, to another
public property or to a City right-of-way.
ALLOW the “FINAL INSPECTION” of land alteration permits be completed by City Staff or the
applicable watershed instead of Bolton and Menk, Inc.
Additionally, it is recommended that an initial engineering review be conducted by Bolton and
Menk, Inc. to determine whether a City of Scandia land alteration permit will be required for
each unique property. This review will take approximately 10 minutes to complete, in which
Bolton and Menk, Inc. will consider the following criteria as identified in the permit application:
Does the proposed land alteration impact any nearby environmentally sensitive areas?
Does the proposed land alteration impact any neighboring properties?
Does the proposed land alteration impact the City right-of-way?
This initial engineering review will be completed at NO CHARGE to the City of Scandia if it is
determined that a grading permit will not be required for the property in question.
To allow these changes, amendments to the City’s adopted ordinances will be required. If the
Council wishes to move forward in this way, the City Engineer will work with the City Planner to
identify the required changes and bring the amendments through the proper processes.
Please do not hesitate to contact me with any questions regarding this project at 651-308-1491.
Sincerely,
Isiah Bubany, P.E.
Project Engineer
Enclosures: Revised Land Alteration Permit Application
CITY OF SCANDIA
14727 209th St N., Scandia MN 55073 651-433-5762 fax 651-433-5112
Grading/Land Alteration Permit Application
Permit number (assigned by City): _____________________Date issued_________________
Project Address: _______________________________________________________________
PID number or legal description: ___________________________________________________
Owner: ____________________________________ Phone _________________________
Address: _______________________________________________________________________
General Contractor: ___________________________________State Lic. #________________
Address: _________________________________________Phone ________________________
Check applicable:
Shoreland zone: within 1000 feet of a lake, pond or flowage or within 300 feet of a river or
stream. [Consult the Scandia Shoreland Management Ordinance for specifics. Federal, State and
Local agencies may also govern the Shoreland zone, the St. Croix River and other applicable
areas.]
Grading or filling is prohibited within the bluff impact zone or shore impact zone.
Any grading or filling in the Shoreland zone requires a permit.
No cutting or removal of trees within the building setback from the ordinary high water level
shall be permitted. See ordinance for specific requirements of wetland types and allowable
circumstances.
MN DNR and Watershed District may also govern.
Land alteration and grading of 10 cubic yards or more of material added to or removed from the
site or excavated within the site; and/or disturbance of land area of 600 square feet or more.
Any land alteration or development activity, regardless of size, that the City determines is likely
to cause an adverse impact to an environmentally sensitive area, to another public property or to
a City right-of-way.
Clearing trees in an area larger than 20,000 square feet.
A building, driveway permit has been issued or final plat approval was received.
Submittal Documents:
Existing and finished grade plan showing drainage patterns.
Erosion and sediment control plan.
Provide a Stormwater Pollution Prevention Plan (SWPPP) if a National Pollutant
Discharge Elimination System (NPDES) permit is required if Grading one acre or more
of soil; any grading, if it is determined that the activity poses a risk to water resources.
Signature: __________________________________________ Date: ______________________
E-mail: _______________________________________________________________________
FINAL INSPECTION: A final inspection is required when finished grade plan is achieved.
Grading Permit Fee $___50.00__________
Escrow $__600.00__________
TOTAL $__650.00__________
CITY ENGINEER SIGNATURE: ________________________________________________
FINAL INSPECTION: __________________________________________________________