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08.b3 UDC and Shoreland Amendment for Grading Permit Changes - CC Packet 1 | P a g e Date of Meeting: June 17, 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 Ordinance 198, also known as Chapter 155 (the Shoreland Ordinance), to address changes to the grading permit previously approved by the Council. An amendment to the Shoreland Ordinance requires review and approval by the Minnesota Department of Natural Resources (DNR). The amendment has been submitted to the DNR for preliminary review. Conditional approval has been issued and the letter is attached. If approved, the final ordinance amendment will be submitted for approval to the DNR. The staff report to the Planning Commission from the June 3, 2025, meeting is attached and includes the background of the request, as well as an evaluation of the amendments, and an analysis based on the standards in the Unified Development Code. ANALYSIS Planning Commission The Planning Commission heard the application again at the June 3, 2025, meeting. The Commission held a public hearing where no comments were received. The Planning Commission discussed the amendments and asked clarifying questions regarding documentation of erosion control, permitting requirements between the city and the watersheds, what constitutes land clearing, and the applicability of the retaining wall standards. The Planning Commission moved to recommend approval of the request. The motion was approved with a vote of 5-0. Review Comments The submittal was sent to city staff and other regulatory agencies for review and comment, and comments have been incorporated into the resolution. These comments are detailed in the Planning Commission report that is attached. Carnelian-Marine-St. Croix Watershed District provided detailed comments regarding the amendments. Additional comments have been received from the Comfort Lake Forest Lake Watershed District which are attached. 2 | P a g e Staff Analysis Retaining Wall Standards The no public comments were received regarding the retaining wall standards and the Planning Commission did not discuss the standards. Staff did work with the City Attorney to clarify potential nonconforming issues if the vegetative screening standards were adopted. The City Attorney has stated that the only time an existing retaining wall could be required to be brought into conformity is when: 1. The nonconformity is destroyed by over 50%; AND 2. They have not pulled a permit or if no permit is needed then fixed/repaired/rebuilt the nonconformity within 180 days. With this understanding, staff believes that the requirement for vegetative screening on retaining walls has much less of an impact on existing retaining walls and recommends the standard remain based on the recommendations from the DNR and watersheds. CMSCWD Comments CMSCWD provided additional standards to consider for the amendment. Staff believes that some of the recommendations are unnecessary or too restrictive. An analysis of the comments is provided in the attached June 3, 2025, packet from the Planning Commission. Staff did recommend one change to the proposed ordinance regarding stabilization on steep slopes to be consistent with Minnesota Pollution Control Agency standards in 8.32 B. (1). COUNCIL ACTION The City Council can do one of the following: 1. Approve, with or without conditions, of the attached resolution. 2. Deny, with findings, of the attached resolution. 3. Table the request for further review/study. RECOMMENDATION The Planning Commission recommends approval of the attached Ordinance 2025-10 amending 153.500.060 regarding the applicability of grading permits. Staff recommends approval of the attached Resolution 06-17-25-07 and 06-17-25-08 which approve a finding of facts for Ordinance 2025-10 and provide for summary publication of Ordinance 2025-10, respectively. Motion to approve Ordinance 2025-10 to amend 153.500.060 of the Unified Development Code to amend the applicability of grading permits, as well as Resolution 06-17-25-07, approving findings of facts, and Resolution 06-17-25-08, providing for summary publication, with the findings and conditions described within the staff report. 3 | P a g e The Planning Commission recommends approval of the attached Ordinance 2025-11 amending Section 8.3 of the Shoreland Management Regulations to amend the applicability of grading permits, the requirements for grading, and standards for retaining walls. Staff recommends approval of the attached Resolution 06-17-25-09 and 06-17-25-10 which approve a finding of facts for Ordinance 2025-11 and provide for summary publication of Ordinance 2025-11, respectively. Motion to approve Ordinance 2025-11 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, as well as Resolution 06-17-25-09, approving findings of facts, and Resolution 06-17-25-10, providing for summary publication, with the findings and conditions described within the staff report. Attachments A. Ordinance 2025-10 Amending 153.500.060 Administrative Permits for Land Alteration and Grading Applicability B. Resolution 06-17-25-07 Approving Findings of Facts for Ordinance 2025-10 C. Resolution 06-17-25-08 Approving Summary Publication for Ordinance 2025-10 D. Ordinance 2025-11 Amending the Grading and Filling Standards in the Shoreland Ordinance E. Resolution 06-17-25-09 Approving Findings of Facts for Ordinance 2025-11 F. Resolution 06-17-25-10 Approving Summary Publication for Ordinance 2025-11 G. Draft Grading/Land Alteration Permit Application H. Zoning Map I. Conditional Approval of City of Scandia Shoreland Ordinance Amendment, Minnesota DNR, dated June 11, 2025 J. Rice Creek Watershed District comments, dated May 23, 2025 K. Planning Commission "UDC and Shoreland Amendment for Land Alteration and Grading” Packet, June 3, 2025 Page 1 of 2 CITY OF SCANDIA ORDNANCE NO.: 2025-10 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 June 3, 2025, meeting and held a public hearing on the UDC amendment at a public hearing at their June 3, 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 17th day of June, 2025. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 06-17-25-07 APPROVING FINDINGS OF FACT FOR ORDINANCE 2025-10 A ZONING TEXT AMENDMENT WHEREAS, the City Council finds the purpose of regulating stormwater and drainage is to protect, enhance, and support the natural resource systems in the community; and WHEREAS, the City Council established Section 153.500 in the Unified Development Code to provide a description of the administration and procedures of the City for all land use related inquiries, applications, implementation and enforcement of Chapter 153; and WHEREAS, standard regarding administrative permits for land alteration and grading applicability have been established in Section 153.500.060; and, WHEREAS, the City Council reviewed a draft ordinance to Section 153.500.060, at the April 15, regular meeting and directed staff to revise portions of the draft ordinance; and, WHEREAS, the City Council reviewed a draft ordinance to Section 153.500.060, at the May 7, 2025, work session and recommended the amendment to the Planning Commission to be heard at a public hearing at the next available meeting; and, WHEREAS, the Planning Commission reviewed a draft of Ordinance 2025-10, regarding administrative permits for land alteration and grading applicability, and held a public hearing on June 3, 2025, and recommended approval of the ordinance; and WHEREAS, the City Council reviewed Ordinance 2025-10, regarding administrative permits for land alteration and grading applicability, on June 17, 2025; and, WHEREAS, the City took public input on Ordinance 2025-10, regarding administrative permits for land alteration and grading applicability, on June 3, 2025, at a duly called public hearing; and WHEREAS, the City of Scandia has proposed to amend the Unified Development Code 153.500.060 (F) Administrative Permits for Land Alteration and Grading; and WHEREAS, the City Council has adopted Ordinance 2025-10 amending the Unified Development Code; ATTACHMENT B NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does support the request for an amendment to the Unified Development Code. Whereupon, said Resolution is hereby declared adopted on this 17th day of June 2025. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator CITY OF SCANDIA RESOLUTION NO. 06-17-25-08 A RESOLUTION OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, PROVIDING FOR THE SUMMARY PUBLICATION OF ORDINANCE NO. 2025-10, AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE 153.500.060 SUBD.1 (F) I. REGARDING ADMINISTRATIVE PERMITS FOR LAND ALTERATION AND GRADING APPLICABILITY WHEREAS, On June 17, 2025, at a meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance No. 2025-10 which amends the Scandia Unified Development Code, regarding administrative permits for land alteration and grading applicability; and WHEREAS, State law requires that all ordinances adopted be published prior to becoming effective; and WHEREAS, the City Council for the City of Scandia has determined that publication of the title and a summary of Ordinance No. 2025-10 would clearly inform the public of the intent and effect of the Ordinance; and WHEREAS, the City Council for the City of Scandia has reviewed the summary of Ordinance No. 2025-10 attached and incorporated herein as Exhibit A; and WHEREAS, the City Council for the City of Scandia has determined that the text of the summary clearly informs the public of the intent and effect of Ordinance No. 2025-10. NOW THEREFORE BE IT RESOLVED, the City Council for the City of Scandia hereby: 1. Approves the text of the summary of Ordinance No. 2025-10 attached as Exhibit A. 2. Directs the City Clerk to post a copy of the entire text of Ordinance No. 2025-10 in all public locations designated by the City Council. 3. Directs the City Clerk to publish the summary in the City’s legal newspaper within ten days. 4. Directs the City Clerk to file the executed Ordinance upon the books and records of the City along with proof of publication. ATTACHMENT C Whereupon, said Resolution is hereby declared adopted on this 17th day of June 2025. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator Exhibit A Ordinance Summary SUMMARY PUBLICATION OF ORDINANCE NO. 2025-10, AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE 153.500.060 SUBD.1 (F) I. REGARDING ADMINISTRATIVE PERMITS FOR LAND ALTERATION AND GRADING APPLICABILITY On June 17, 2025, at a meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance No. 2025-10 which amends the Scandia Unified Development Code provisions regarding administrative permits for land alteration and grading applicability by: • Amending the requirements for when land alteration and grading permits for new commercial, industrial, residential construction and improvements, in the shoreland overlay, and when 20,000 square feet of land is cleared of trees. A printed copy of the Ordinance is available for inspection by any person during regular office hours at City Hall or by standard or electronic mail. Page 1 of 3 CITY OF SCANDIA ORDNANCE NO.: 2025-11 AN ORDINANCE AMENDING ORDINANCE 198, ALSO KNOWN AS CHAPTER 155 OF THE CITY CODE, 8.0 VEGETATION AND LAND ALTERATIONS REGARDING GRADING, FILLING, AND RETAINING WALLS 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 D Page 2 of 3 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. 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 24 hours after the construction activity has ceased. (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 Page 3 of 3 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’). Section 2 Planning Commission. The Planning Commission discussed the proposed ordinance at their June 3, 2025, meeting and held a public hearing on the amendment at a public hearing at their June 3, 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 17 day of June, 2025. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 06-17-25-09 APPROVING FINDINGS OF FACT FOR ORDINANCE 2025-11 FOR AN AMENDENT TO THE SHORELAND MANAGEMENT REGULATIONS WHEREAS, the City Council finds alterations of vegetation and topography are regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, sustain water quality, and protect fish and wildlife habitat ; and WHEREAS, the City of Scandia adopted the Shoreland Management Regulations (shoreland ordinance), known as Ordinance 198, also known as Chapter 155 in the City Code, on May 15, 2018; and, WHEREAS, the City Council reviewed a draft ordinance to 8.0 Vegetation and Land Alteration, at the April 15, regular meeting and directed staff to revise portions of the draft ordinance; and, WHEREAS, the City Council reviewed a draft ordinance to 8.0 Vegetation and Land Alteration, at the May 7, 2025, work session and recommended the amendment to the Planning Commission to be heard at a public hearing at the next available meeting; and, WHEREAS, the Planning Commission reviewed a draft of Ordinance 2025-11, regarding grading, filling, and retaining walls, and held a public hearing on June 3, 2025, and recommended approval of the ordinance; and WHEREAS, the City Council reviewed Ordinance 2025-11, regarding grading, filling, and retaining walls, on June 17, 2025; and, WHEREAS, the City took public input on Ordinance 2025-11, regarding grading, filling, and retaining walls, on June 3, 2025, at a duly called public hearing; and WHEREAS, the City of Scandia, has proposed to amend the City of Scandia Ordinance 198, also known as Chapter 155 of the City Code, 8.0 Vegetation and Land Alteration; and, WHEREAS, the City Council has adopted Ordinance 2025-11 amending the Ordinance 198, also known as Chapter 155 of the City Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does support the request for an amendment Ordinance 198, also known as Chapter 155 in the City Code. ATTACHMENT E Whereupon, said Resolution is hereby declared adopted on this 17th day of June 2025. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator CITY OF SCANDIA RESOLUTION NO. 06-17-25-10 A RESOLUTION OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, PROVIDING FOR THE SUMMARY PUBLICATION OF ORDINANCE NO. 2025-11, AN ORDINANCE AMENDING ORDINANCE 198, ALSO KNOWN AS CHAPTER 155 OF THE CITY CODE, 8.0 VEGETATION AND LAND ALTERATIONS REGARDING GRADING, FILLING, AND RETAINING WALLS WHEREAS, On June 17, 2025, at a meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance No. 2025-11 which amends the Scandia Unified Development Code, regarding grading, filling, and retaining walls; and WHEREAS, State law requires that all ordinances adopted be published prior to becoming effective; and WHEREAS, the City Council for the City of Scandia has determined that publication of the title and a summary of Ordinance No. 2025-11 would clearly inform the public of the intent and effect of the Ordinance; and WHEREAS, the City Council for the City of Scandia has reviewed the summary of Ordinance No. 2025-11 attached and incorporated herein as Exhibit A; and WHEREAS, the City Council for the City of Scandia has determined that the text of the summary clearly informs the public of the intent and effect of Ordinance No. 2025-11. NOW THEREFORE BE IT RESOLVED, the City Council for the City of Scandia hereby: 1. Approves the text of the summary of Ordinance No. 2025-11 attached as Exhibit A. 2. Directs the City Clerk to post a copy of the entire text of Ordinance No. 2025-11 in all public locations designated by the City Council. 3. Directs the City Clerk to publish the summary in the City’s legal newspaper within ten days. 4. Directs the City Clerk to file the executed Ordinance upon the books and records of the City along with proof of publication. ATTACHMENT F Whereupon, said Resolution is hereby declared adopted on this 17th day of June 2025. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator Exhibit A Ordinance Summary SUMMARY PUBLICATION OF ORDINANCE NO. 2025-11, AN ORDINANCE AMENDING ORDINANCE 198, ALSO KNOWN AS CHAPTER 155 OF THE CITY CODE, 8.0 VEGETATION AND LAND ALTERATIONS REGARDING GRADING, FILLING, AND RETAINING WALLS On June 17, 2025, at a meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance No. 2025-11 which amends the Scandia Unified Development Code provisions regarding grading, filling, and retaining walls by: • Amendments to correct references. • Requiring grading permits for any movement of material on steep slopes or within the shore or bluff impact zones. • The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones. • Establishing standards for retaining walls. • Updating standards for minimizing the amount of erosion and sediment from grading, filling and excavation activities. A printed copy of the Ordinance is available for inspection by any person during regular office hours at City Hall or by standard or electronic mail. 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 CATTACHMENT G ATTACHMENT H Revised 09/26/2024 Central Region Headquarters 1200 Warner Road St. Paul, MN 55106 June 11, 2025 T.J. Hofer Planner 14727 209th St. N. 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 (MR 6120.2500 – 6120.3900) and hereby approved, provided the conditions of approval in this letter are met. Ordinance Evaluation We have reviewed the following sections that you propose to amend received on May 16, 2025 for compliance with state shoreland rules. Our conditional approval only applies to Section 8.3 – Grading and Filling. 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 The following are the steps for completing and receiving final DNR approval for your amendment: 1. Revise the amendment based on the conditions listed above. 2. The city council adopts the amendment. 3. Email the completed Ordinance Processing Checklist (attached) and the documents identified on the checklist within 10 days of city council adoption to: 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. ATTACHMENT I Revised 09/26/2024 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 the scenic character of Minnesota’s public waters. We appreciate your efforts to protect these resources for all present and future Minnesotans. 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 District Manager Attachments: Proposed Ordinance with DNR comments Ordinance Processing Checklist c: Dan Scollan, DNR Area Hydrologist Ordinance.review.dnr@state.mn.us 1 TJ Hofer From:Mike Sandager <mike.sandager@clflwd.org> Sent:Tuesday, June 10, 2025 2:30 PM To:TJ Hofer Subject:Watershed Comments on Scandia Ordinance Amendments *** WARNING: This email is from outside the company. Proceed with Caution*** Hello TJ, AƩached are CLFLWD comments: • Suggest they consider adding language about restricƟon vehicle storage near wetalnds and water bodies. • Suggest they include criteria for construcƟon of retaining walls versus incorporaƟng natural stabilizaƟon Thanks, Mike Sandager, MSc (He/Him) Program Coordinator Phone (651) 395-5859 Email mike.sandager@clflwd.org Web www.clflwd.org Office 44 Lake St. South, Suite A, Forest Lake, MN 55025 ATTACHMENT J 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: ATTACHMENT K 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: __________________________________________________________