09.b1 Shoreland Amendment for Public Amenity Wetland Encroachment - CC Packet
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Date of Meeting: November 18, 2025
To: Honorable Mayor and Members of the City Council
From: T.J. Hofer, Consultant City Planner
Re: Shoreland Ordinance Amendment for Public Amenity Wetland
Encroachments
City staff have prepared a Shoreland Ordinance amendment to allow for public amenities to
encroach into the setback of wetlands.
The staff report to the Planning Commission from the November 4, 2025, meetings is attached
and includes the background of the amendment as well as the draft language and staff analysis.
ANALYSIS
Planning Commission
The Planning Commission heard the ordinance amendment at the November 4, 2025, meeting.
The Commission held a public hearing at the November meeting. No comments as part of the
public hearing.
The Planning Commission discussed the proposed ordinance amendment. Chair Loeffler noted
that they did not feel comfortable creating the allowance within the code for the city, but would
be in favor of a variance request for the project. Loeffler stated a specific concern related to the
city being able to do something that a private land owner could not. The Commission discussed
the rationale of the request and how the exception is specifically for a public amenity, where a
private improvement by definition does not serve the public good. Staff noted that the allowance
for public streets, where private driveways are required to meet standards. Public streets may be
constructed within setbacks when alternatives do not exist and provided streets are design to
minimize adverse impacts. Staff believe that the standards proposed in the ordinance amendment
meet the same goal of having a minimal or mitigatable impact on any wetland.
The Planning Commission moved to recommend approval of the amendment. The motion was
approved with a vote of 2-1 (Loeffler nay, Hogle and Cullen absent).
Following the motion, Chair Loeffler asked if the watershed and Washington Conservation
District has been asked for comment. Staff stated they had not, and Chair Loeffler asked that
staff reach out to the various agencies.
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Review Comments
The ordinance amendment was sent to the Carnelian-Marine-St. Croix Watershed District, the
Comfort Lake Forest Lake Watershed District, the Rice Creek Watershed District, and the
Washington Conservation District.
Carnelian-Marine-St. Croix Watershed District
The Carnelian-Marine-St. Croix Watershed District provided a letter on the ordinance
amendment as well as an email with further comments. CMSCWD’s comments include language
about avoidance and minimization, retention of measurable buffers, and the definition of public
amenity.
Staff offers the following comments on the three aspects of the comments:
1. Avoidance and Minimization
The ordinance amendment includes language that requires any project allowed under the
exception to meet any relevant standards the city has adopted and requires permitting
from the relevant watershed district. Any impacts outside of these aspects should be
treated on a case-by-case basis and can be addressed during plan development and
coordination with the relevant entities.
2. Retention of Measurable Buffers
The city has no standard for buffers around wetlands. If the City Council wished to
change the exemption to a minimum setback, this could be reasonable, however an
exception would be . As an example however, the proposed trail behind the City Hall
would not be able to be constructed with a minimum setback as the traveled path must
lead up to the boardwalk that crosses the wetland and, to staff’s knowledge, there are no
pervious materials that would be ADA compliant. Based on the need for the amendment,
staff does not feel that including a standard related to a minimum setback is functional
without a built-in exception that would inevitably be utilized whenever necessary and
without additional standards or regulations to apply, ultimately resulting in the same
standard as proposed.
3. Definition of Public Amenity
Staff drafted the definition with the intention of allowing an open interpretation of what
could be a public amenity, however, any large scale improvement is unlikely to be
“intended for the use and passive enjoyment of a water resource,” as the term is defined.
In the examples provided in the memorandum and email from CMSCWD, plazas are not
related to water resources as their primary function is the gathering of people and have no
bearing on the water resource. Parking areas are already regulated by the city’s Shoreland
Ordinance in Section 7.1 and as such are distinctly separate from the public amenity term.
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Comfort Lake Forest Lake Watershed District
The Comfort Lake Forest Lake Watershed District stated that it had no issue with the proposed
amendment, but did note that an improvement made under the new ordinance would require a
CLFLWD permit and if impacts to a buffer were required, they would need to be minimized.
Rice Creek Watershed District
The Rice Creek Watershed District stated that it had no issue with the proposed amendment.
Washington Conservation District.
At the time of writing, no comment was received from Washington Conservation District.
COUNCIL ACTION
The City Council can do one of the following:
1. Approve, with or without conditions, of the attached ordinance and resolutions.
2. Deny, with findings, of the attached ordinance and resolutions.
3. Table the request for further review/study.
RECOMMENDATION
The Planning Commission recommends approval of the attached Ordinance 2025-16 regarding
public amenity impervious surface encroachments.
Staff recommends approval of the attached Resolution 11-18-25-12 and 11-18-25-13 which
approve a finding of facts for Ordinance 2025-16 and provide for summary publication of
Ordinance 2025-16, respectively.
Motion to approve the attached Ordinance 2025-16 to amend Section 2.6 and 6.4 of the
Shoreland Management Regulations regarding public amenity impervious surface
encroachments, as well as Resolution 11-18-25-12, approving findings of facts, and
Resolution 11-18-25-13, providing for summary publication, with the findings and
conditions described within the staff report.
Attachments
A. Ordinance 2025-16 Amendment Ordinance 198 Section 2.6 and 6.4
B. Resolution 11-18-25-12 Approving Findings of Facts for Ordinance 2025-16
C. Resolution 11-18-25-13 Approving Summary Publication for Ordinance 2025-16
D. Comments and Letter from Carnelian-Marine-St. Croix Watershed District, dated
November 13, 2025
E. Comments from Comfort Lake Forest Lake Watershed District, dated November 13,
2025
F. Comments from Rice Creek Watershed District, dated November 13, 2025
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G. Planning Commission “Shoreland Ordinance Amendment for Public Amenity Wetland
Encroachments” Packet, November 12, 2025
Page 1 of 3
CITY OF SCANDIA
ORDINANCE NO.: 2025-16
AN ORDINANCE AMENDING ORDINANCE 198, ALSO KNOWN AS CHAPTER 155
OF THE CITY CODE, 2.6 DEFINITIONS AND 6.4 PLACEMENT, HEIGHT, AND
DESIGN OF STRUCTURES RELATED TO PUBLIC AMENITIES WITHIN WETLAND
SETBACKS
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Section 1 Amendment. The City of Scandia Ordinance 198, also known as Chapter 155 of the
City Code, 2.6 Definitions, shall be amended by adding the underlined text and deleting
the stricken text as follows:
(31) Public amenity, water-oriented. Any structure or impervious surface, wholly
located on land owned by a local, state, or federal government agency and
intended for the use and passive enjoyment of a water resource by the general
public. This may include, but is not limited to, trails, gazebos, and docks.
Structures such as office buildings or storage buildings and impervious surfaces
such as sports courts or outdoor recreation uses shall not be considered a public
amenity.
Section 2 Amendment. The City of Scandia Ordinance 198, also known as Chapter 155 of the
City Code, 6.4 Definitions, shall be amended by adding the underlined text and deleting
the stricken text as follows:
6.4 Placement, Height, and Design of Structures and Impervious Surfaces.
B. Wetland Setbacks. Structures, impervious surfaces, and sewage treatment
systems must meet the following setbacks from the delineated boundaries of
wetlands (defined in Minnesota Rules 8420.0111). The wetland classifications
are based on the Wetland Management Classification System defined by the
Minnesota Board of Water and Soil Resources (BWSR) and the application of
the Minnesota Routine Assessment Method (MnRAM) for Evaluating Wetland
Functions, Version 3.0 or most recent version. The MnRAM evaluation shall be
completed with wetland delineations for determination of setbacks.
Water Body Structure Setback
Requirement
Sewage Treatment
System Setback
Preserve Wetland 100 100
Manage 1 Wetland 75 75
Manage 2 Wetland 50 75
Manage 3 Wetland 25 75
ATTACHMENT A
Page 2 of 3
Lake or wetland is a groundwater-
dependent resource 100 100
If a stream is a groundwater-
dependent resource 150 150
(1) Setbacks shall not be required for wetlands that are less than 400 square feet
in area, except for types 3, 4, 5, or 8 wetlands, or up to 1,000 square feet in
area if approved by the City and if the wetland is isolated and determined to
have no direct surficial connection to a public water.
(2) On Manage 2 and Manage 3 wetlands, structures may encroach onto 100
square feet, or on up to 5% of the structure setback area, whichever is
greater.
(3) Wetland setbacks shall not be required for water bodies exempted from
wetland replacement requirements in Minnesota Rules 8420.0420, including
public drainage systems, restored or created wetlands, and wetlands impacts
due to utility projects.
(4) Wetland setbacks shall not be required for structures and impervious
surfaces that meet the definition of a water-oriented public amenity, as
defined by this ordinance, provided that:
(a) The water-oriented public amenity has an approved No-Loss
Minnesota Wetland Conservation Act Notice of Decision.
(b) The water-oriented public amenity meets all relevant standards
related to stormwater management and control.
(c) The water-oriented public amenity is issued a permit by the relevant
watershed district, or, the relevant watershed district states a permit
is not required.
Section 3 Planning Commission. The Planning Commission discussed the proposed ordinance
at their November 4, 2025, meeting and held a public hearing on the amendment at a
public hearing at their November 4, 2025, meeting. No comments were made at the
public hearing. The Planning Commission voted to recommend approval of the
ordinance, with amendments.
Page 3 of 3
Section 4 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 18th day of November 2025.
Steve Kronmiller, Mayor
ATTEST:
Kyle Morell, City Administrator
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 11-18-25-09
APPROVING FINDINGS OF FACT FOR AN ORDINANCE AMENDING ORDINANCE
198, ALSO KNOWN AS CHAPTER 155 OF THE CITY CODE, 2.6 DEFINITIONS AND
6.4 PLACEMENT, HEIGHT, AND DESIGN OF STRUCTURES RELATED TO PUBLIC
AMENITIES WITHIN WETLAND SETBACKS
WHEREAS, the City Council finds that the city must balance interests between protecting
natural resources in the city while allowing those same resources to be enjoyed by the general
public when located on public lands; and
WHEREAS, the City Council finds the city must develop an effective planning approach
to constructing and maintaining trails and routes to meet the needs of City residents; 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 of Scandia has proposed to amend the Shoreland Ordinance Section
2.6 Definitions and 6.4 Placement, Height, and Design of Structures; and
WHEREAS, the Planning Commission reviewed a draft of Ordinance 2025-16, regarding
public amenity impervious surface encroachments, and held a public hearing on November 4,
2025, and recommended approval of the ordinance; and
WHEREAS, the City Council reviewed Ordinance 2025-16, regarding public amenity
impervious surface encroachments on November 18, 2025; and,
WHEREAS, the City took public input on Ordinance 2025-16, regarding public amenity
impervious surface encroachments, on November 4, 2025, at duly called public hearings; and
WHEREAS, the City Council has adopted an Ordinance 2025-16 amending the Shoreland
Ordinance.
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 Shoreland Ordinance Section 6 Definitions and 6.4
Placement, Height, and Design of Structures regarding public amenity impervious surface
encroachments.
ATTACHMENT B
Whereupon, said Resolution is hereby declared adopted on this 18th day of November 2025.
Steve Kronmiller, Mayor
ATTEST:
Kyle Morell, City Administrator
CITY OF SCANDIA
RESOLUTION NO. 11-18-25-14
A RESOLUTION OF THE CITY OF SCANDIA, WASHINGTON COUNTY,
MINNESOTA, PROVIDING FOR THE SUMMARY PUBLICATION OF ORDINANCE
NO. 2025-16, AN ORDINANCE AMENDING ORDINANCE 198, ALSO KNOWN AS
CHAPTER 155 OF THE CITY CODE, 2.6 DEFINITIONS AND 6.4 PLACEMENT,
HEIGHT, AND DESIGN OF STRUCTURES RELATED TO PUBLIC AMENITIES
WITHIN WETLAND SETBACKS
WHEREAS, On November 18, 2025, at a meeting of the Scandia City Council, by majority
vote, the City Council adopted Ordinance No. 2025-16 which amends the Scandia Shoreland
Management Regulations, regarding public amenity impervious surface encroachments; 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. 2025-16 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. 2025-16 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. 2025-16.
NOW THEREFORE BE IT RESOLVED, the City Council for the City of Scandia hereby:
1. Approves the text of the summary of Ordinance No. 2025-16 attached as Exhibit A.
2. Directs the City Clerk to post a copy of the entire text of Ordinance No. 2025-16 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 18th day of November 2025.
Steve Kronmiller, Mayor
ATTEST:
Kyle Morell, City Administrator
Exhibit A
Ordinance Summary
SUMMARY PUBLICATION OF ORDINANCE NO. 2025-16, AN ORDINANCE
AMENDING ORDINANCE 198, ALSO KNOWN AS CHAPTER 155 OF THE CITY
CODE, 2.6 DEFINITIONS AND 6.4 PLACEMENT, HEIGHT, AND DESIGN OF
STRUCTURES RELATED TO PUBLIC AMENITIES WITHIN WETLAND SETBACKS
On November 18, 2025, at a meeting of the Scandia City Council, by majority vote, the City Council
adopted Ordinance No. 2025-16 which amends the Scandia Shoreland Management Regulations,
regarding public amenity impervious surface encroachments by:
• Adding a definition for water-oriented public amenity, which must be on land owned by
local, state, or federal government agency.
• Establishing an exception for water-oriented public amenity to encroach into wetland
setbacks, provided standards established in the ordinance are met.
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.
1
TJ Hofer
From:Mike Isensee <mike.isensee@cmscwd.org>
Sent:Thursday, November 13, 2025 1:43 PM
To:TJ Hofer; Kyle Morell
Cc:Tom Langer
Subject:Water Oriented Public Amenity Ordinance Revision Comments
Attachments:CMSCWD Comments Shoreland Ordinance Revisions 11_13_2025.pdf
*** WARNING: This email is from outside the company. Proceed with Caution***
Hello TJ and Kyle,
The CMSCWD Board of Managers approved the submission of the attached comments at the November 12, 2025
CMSCWD Regular Meeting. The comments focus on maintaining consistency of our rules (CMSCWD and City) with
regards to wetland buffers. We are requesting minor refinement of definitions, the retention of a minimum
measurable buffer, and retaining avoidance and minimization standards to support both public access and long-
term resource protection.
We generally avoid word smithing proposed ordinances. However, I wanted to pass along comments from
Manager Paul Richert for your consideration outside of the official comments.
(31)Public amenity, water oriented Water-oriented public amenity. Any structure or impervious surface, wholly
located on land owned by a local, state, or federal government agency and is being constructed by the same entity
and intended for the use and passive enjoyment of a water resource by the general public. This may include, but is
not limited to, trails, gazebos, and docks. Structures such as office buildings or storage buildings and impervious
surfaces such as sports courts, parking lots or outdoor recreation uses shall not be considered a public amenity.
Thank you for the opportunity to consider these changes.
Best Regards,
Mike
Mikael Isensee
Administrator | Carnelian Marine St. Croix Watershed District
11660 Myeron Rd North | Stillwater, MN 55082
(651) 275-7451 | Cell: 612-839-6492 www.cmscwd.org
ATTACHMENT D
Carnelian -Marine -St. Croix Watershed District
11660 Myeron Rd North • Stillwater, MN 55082 • Tel 651-275-7451
To: Scandia Planning Commission & Counsel
From: CMSCWD Administrator & Riparian Permit Specialist
Date: 11/13/2025
Subject: Proposed Ordinance Amendment to Allow Public Amenities in Wetland Setbacks
Introduction
The Carnelian-Marine-St. Croix Watershed District (CMSCWD) appreciates the opportunity to
review and comment on the City of Scandia’s proposed Shoreland Ordinance modiflcations related
to public amenities in wetland setbacks.
As a special-purpose local unit of government established under Minnesota Statutes Chapters
103B and 103D, the CMSCWD’s mission is to protect and enhance the ecological integrity of
surface and groundwater systems through coordinated management of land and water resources.
Healthy wetlands, shorelands, and buffers are essential for maintaining water quality, habitat, fiood
moderation, and the rural character that deflnes Scandia. The District’s regulatory framework
complements municipal land-use authority by ensuring that both public and private improvements
sustain these ecological functions.
On November 5, 2025, the City requested review and comment from the CMSCWD regarding the
proposed ordinance revisions. The District offers the following feedback for the City’s
consideration.
Regulatory Relationship Between CMSCWD and the City of Scandia
The City of Scandia’s Local Surface Water Management Plan (LWMP) establishes a cooperative
regulatory relationship between the City and the Carnelian-Marine-St. Croix Watershed District
(CMSCWD) as required under Minn. Stat. §§103B.231 and 103B.325. The LWMP explicitly
recognizes CMSCWD’s authority to implement and enforce its own rules, permits, and watershed
management plan under Minn. Stat. Chs. 103B and 103D, while the City retains primary
responsibility for land-use regulation and zoning within its jurisdiction.
While the City’s intent with this amendment is to facilitate a public trail project, the proposed
language introduces new exemptions and fiexibility within wetland buffers that could confiict with
the shared protection goals outlined in the LWMP. The following recommendations are offered to
maintain consistency and clear coordination between City and District review processes.
General Recommended Revisions
The District recognizes and supports the City’s goal of improving public access to natural areas. At
the same time, wetland setbacks and vegetated buffers serve as the City’s primary line of defense
for protecting water quality and habitat. Any permanent reduction of these protective areas should
2
therefore include clear performance standards, measurable limits, and transparent coordination
procedures.
1. Avoidance and Minimization
Before permitting encroachments into wetland buffers, applicants should demonstrate that
impacts have been avoided to the greatest extent practicable and minimized where avoidance is
not possible. This approach ensures that buffer reductions are treated as the exception rather than
the rule and that designs maintain natural hydrology and vegetation wherever feasible.
2. Retention of Measurable Buffers
The proposed exemption would eliminate minimum setbacks for qualifying public amenities. The
District recommends retaining a measurable vegetated buffer around all wetlands, with a minimum
width of at least 25 feet—or one-half of the standard buffer width where site constraints exist.
Limited encroachment may be appropriate for pervious trails or elevated boardwalks that provide
public access without altering wetland hydrology or vegetation. Maintaining even a partial buffer
preserves flltration, inflltration, and habitat functions that would otherwise be lost.
3. Definition of Public Amenity
The current deflnition of “Public amenity, water-oriented” is open-ended and could be interpreted
to include high-impact facilities such as plazas or large paved areas. The District requests reflning
the deflnition so that it clearly applies only to small-scale, publicly owned, passive-use features—
such as trails, boardwalks, or overlooks—designed to minimize soil compaction, impervious area,
and vegetation loss. Removing the phrase “but not limited to” will provide needed clarity and
prevent future misinterpretation.
Together, these adjustments preserve the City’s ability to provide public access while maintaining
the ecological and hydrologic integrity of Scandia’s wetlands and shorelands.
Summary
The CMSCWD appreciates the City’s commitment to balancing public access with environmental
protection. Incorporating the recommendations above would keep the Shoreland Ordinance
consistent with the City’s Local Surface Water Management Plan and the District’s buffer-
protection framework, ensuring that all future projects continue to protect water quality, habitat,
and fiood resilience.
The District looks forward to continued collaboration with the City on this and future initiatives that
enhance public enjoyment of Scandia’s water resources while safeguarding their long-term
ecological health.
1
TJ Hofer
From:Mike Sandager <mike.sandager@clflwd.org>
Sent:Thursday, November 13, 2025 12:48 PM
To:TJ Hofer
Subject:CLFLWD Rule Amendment
*** WARNING: This email is from outside the company. Proceed with Caution***
Hi TJ,
CLFLWD does not have an issue with the proposed amendment. It sƟll would require any applicable CLFLWD permit
requirements, however, if a CLFLWD buffer was required, the trail would need to minimize impacts to the buffer.
4.9 Trails in Buffer Zone.
The buffer may enclose a trail or a water quality facility on a demonstraƟon that doing so will not significantly reduce the
protecƟon afforded the waterbody or wetland. A trail no more than ten (10) feet in width bordered by a pervious buffer
of at least five (5) feet on each side is deemed to meet this requirement. The trail or water quality feature shall not
count toward buffer width. A non-linear facility for general public use that is required by its nature to be adjacent to the
water may be allowed in the buffer on a case-by-case basis if the impact to the buffer is minimized and the project will
not negaƟvely impact the lake, stream, or wetland.
Thanks,
Mike Sandager (He/Him)
Program Coordinator
Phone 651-395-5859
Email mike.sandager@clflwd.org
Web www.clflwd.org
OƯice 44 Lake St. South, Suite A, Forest Lake, MN 55025
ATTACHMENT E
1
TJ Hofer
From:William Roach <wroach@ricecreek.org>
Sent:Thursday, November 13, 2025 11:58 AM
To:TJ Hofer
Subject:RE: Amendment to Allow Public Amenities in Wetland Setbacks
*** WARNING: This email is from outside the company. Proceed with Caution***
Hi TJ,
Following up on this proposed ordinance amendment, I have reviewed and shared the proposed addi Ɵonal language
with our Regulatory Manager. Following that discussion the RCWD does not have any concerns with the proposed
addiƟonal language. 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
wroach@ricecreek.org
From: TJ Hofer <tj.hofer@bolton-menk.com>
Sent: Wednesday, November 5, 2025 8:54 AM
To: Tom Langer <tom.langer@cmscwd.org>; William Roach <wroach@ricecreek.org>; Mike Sandager
<mike.sandager@clflwd.org>; jriggs@mnwcd.org
Cc: k.morell@ci.scandia.mn.us; b.eklund@ci.scandia.mn.us
Subject: Amendment to Allow Public Amenities in Wetland Setbacks
Tom, Will, Mike, and Jay,
I’m reaching out as Scandia is considering an amendment to our shoreland ordinance that would allow for what meet a
new definiƟon of “water-oriented public amenity” to encroach into our wetland setbacks. The public amenity would
have to be on city, state, or federal land, would have to be directly related to the water resource (so not something like
a sport court or splash pad) and would have to have to meet the following standards:
An approved “No-Loss” determinaƟon under the Wetland ConservaƟon Act
Meet all stormwater management requirements
Receive the necessary watershed district permits.
The city has had a trail planned behind City Hall that connects out to Olinda and down to a proposed boardwalk through
the wetland to the south of City Hall for a number of years now. When I saw this I noted that the City had not given itself
ATTACHMENT F
2
a variance and we would either need that or we would need to change the code. You may or may not be aware that
Scandia has large setbacks for wetlands and they are generally higher than I see in most other communi Ɵes. It’s fairly
common for communiƟes to build ameniƟes in the form of infrastructure near water resources to allow for them to be
enjoyed by the community, so staff decided to move forward with the amendment idea. Ul Ɵmately, the trail project is
the only project the City is considering for which this would maƩer, but it obviously opens up a door to other projects as
well.
This was sent to the DNR, and Dan Scollan noted that the encroachment would not be allowed on DNR-regulated public
waters, so the DNR does not need to approve the ordinance change since it would apply to WCA regulated wetlands
only.
The Planning Commission held a public hearing for the ordinance last night and asked that we reach out to the
watersheds and WCD to see if you had any comment. This was recommended for approval so it will be on the agenda for
November 18th, so I would need comments by the 13th. You can find my report and draŌ ordinance here:
hƩps://weblink.cityofscandia.com/WebLink/DocView.aspx?id=124951&dbid=0&repo=Laserfiche
Please let me know if you have any ques Ɵons.
Thank you,
TJ Hofer
(he/him/his)
Planner II
Bolton & Menk, Inc.
3507 High Point Drive North Bldg. 1 - Suite E130, Oakdale, Minnesota, 55128
(651) 506-7474
(612) 271-6984
tj.hofer@bolton-menk.com
www.Bolton-Menk.com
Book time to meet with me
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Date of Meeting: November 4, 2025
To: Chair Loeffler and Members of the Planning Commission
From: T.J. Hofer, Consultant City Planner
Re: Shoreland Ordinance Amendment for Public Amenity Wetland
Encroachments
City staff have prepared a Shoreland Ordinance amendment to allow for public amenities to
encroach into the setback of wetlands.
BACKGROUND
In September, the City Council approved the preparation of plans and specification for the
Scandia Heritage Alliance Trail Project. While reviewing the trail alignment, a conflict with the
shoreland ordinance was identified.
Ordinance 198, also known as Chapter 155, Shoreland Management Regulations (“Shoreland
Ordinance”) establishes standards for wetland setbacks that include impervious surface setbacks.
The proposed trail alignment goes between the existing City Hall and the wetland located to the
southwest. This location would create a nonconformity and require a variance. Staff is instead
proposing an amendment to the Shoreland Ordinance to create a definition for “water-oriented
public amenity” and allow for an exception for public amenities to encroach into wetland
setbacks.
Local governments with shoreland must have a shoreland ordinance that complies with the
state’s shoreland rules. The shoreland rules apply to public water bodies and not wetlands, which
are governed under the Wetland Conservation Act. The city’s standards for wetland setbacks are
a higher standard than required by state standards. The DNR Area Hydrologist has stated that the
proposed amendment does not require DNR approval.
OVERVIEW OF DRAFT ORDINANCE
The following language in the ordinance is shown with removed text as red strike through, added
text as red underlined, and moved text as green strikethrough and underlined.
(31) Public amenity, water-oriented. Any structure or impervious surface, wholly
located on land owned by a local, state, or federal government agency and
intended for the use and passive enjoyment of a water resource by the general
public. This may include, but is not limited to, trails, gazebos, and docks.
Structures such as office buildings or storage buildings and impervious surfaces
ATTACHMENT G
2 | P a g e
such as sports courts or outdoor recreation uses shall not be considered a public
amenity.
Section 1 of the ordinance amendment creates the definition for water-oriented public amenity.
This definition was written to be restrictive as to what it can apply to as the intent is not to allow
for improvements on private property to be considered a water-oriented public amenity, so it
must be on public land and available to use by the general public, rather than an improvement
such as a trail within a subdivision restricted to private landowners within the subdivision.
6.4 Placement, Height, and Design of Structures and Impervious Surfaces.
B. Wetland Setbacks. Structures, impervious surfaces, and sewage treatment
systems must meet the following setbacks from the delineated boundaries of
wetlands (defined in Minnesota Rules 8420.0111). The wetland classifications
are based on the Wetland Management Classification System defined by the
Minnesota Board of Water and Soil Resources (BWSR) and the application of
the Minnesota Routine Assessment Method (MnRAM) for Evaluating Wetland
Functions, Version 3.0 or most recent version. The MnRAM evaluation shall be
completed with wetland delineations for determination of setbacks.
Water Body Structure Setback
Requirement
Sewage Treatment
System Setback
Preserve Wetland 100 100
Manage 1 Wetland 75 75
Manage 2 Wetland 50 75
Manage 3 Wetland 25 75
Lake or wetland is a groundwater-
dependent resource 100 100
If a stream is a groundwater-
dependent resource 150 150
(1) Setbacks shall not be required for wetlands that are less than 400 square feet
in area, except for types 3, 4, 5, or 8 wetlands, or up to 1,000 square feet in
area if approved by the City and if the wetland is isolated and determined to
have no direct surficial connection to a public water.
(2) On Manage 2 and Manage 3 wetlands, structures may encroach onto 100
square feet, or on up to 5% of the structure setback area, whichever is
greater.
(3) Wetland setbacks shall not be required for water bodies exempted from
wetland replacement requirements in Minnesota Rules 8420.0420, including
public drainage systems, restored or created wetlands, and wetlands impacts
due to utility projects.
3 | P a g e
(4) Wetland setbacks shall not be required for structures and impervious
surfaces that meet the definition of a water-oriented public amenity, as
defined by this ordinance, provided that:
(a) The water-oriented public amenity has an approved No-Loss
Minnesota Wetland Conservation Act Notice of Decision.
(b) The public amenity meets all relevant standards related to
stormwater management and control.
(c) The public amenity is issued a permit by the relevant watershed
district, or, the relevant watershed district states a permit is not
required.
Section 6.4 has been amended exempt structures and impervious surfaces that are public
amenities from wetland setbacks provided standards are met. The standards require a no loss
WCA NOD, that all stormwater management and control standards established by the city are
met, and that the structure or impervious surfaces receive a permit or notice a permit is not
needed, from the relevant watershed district. Combined, these standards mean that the public
amenity will not have an impact on wetlands or the impacts are temporary. The standards also
require approvals that are reviewed by entities outside of the city, to ensure all applicable
standards are met.
COMMISSION ACTION
The Planning Commission can do one of the following:
1. Recommend approval, with or without conditions, of the attached resolution.
2. Recommend denial, with findings, of the attached resolution.
3. Table the request for further review/study.
RECOMMENDATION
Staff recommends that the Planning Commission open a public hearing and receive any and all
comments from the public.
Staff recommend the Planning Commission recommend approval of the ordinance amendment
regarding public amenity impervious surface encroachments, with any amendments deemed
necessary:
Motion to recommend the City Council approval of the attached ordinance to amend
Section 2.6 and 6.4 of the Shoreland Management Regulations regarding public amenity
impervious surface encroachments, with the findings and conditions described within the
staff report.
Attachments
A. Draft Ordinance 2025-XX Amendment Ordinance 198 Section 2.6 and 6.4
B. Email from DNR Area Hydrologist Regarding Proposed Amendment
C. City Council “Scandia Heritage Alliance Trail Project Request to Authorize Preparation
of Plans and Specifications” Packet, September 16, 2025
Added Text – Red Underline
Removed Text – Red Strikethrough
Page 1 of 2
CITY OF SCANDIA
ORDINANCE NO.: 2025-XX
AN ORDINANCE AMENDING ORDINANCE 198, ALSO KNOWN AS CHAPTER 155
OF THE CITY CODE, 2.6 DEFINITIONS AND 6.4 PLACEMENT, HEIGHT, AND
DESIGN OF STRUCTURES RELATED TO PUBLIC AMENITIES WITHIN WETLAND
SETBACKS
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Section 1 Amendment. The City of Scandia Ordinance 198, also known as Chapter 155 of the City
Code, 2.6 Definitions, shall be amended by adding the underlined text and deleting the
stricken text as follows:
(31) Public amenity, water-oriented. Any structure or impervious surface, wholly
located on land owned by a local, state, or federal government agency and
intended for the use and passive enjoyment of a water resource by the general
public. This may include, but is not limited to, trails, gazebos, and docks.
Structures such as office buildings or storage buildings and impervious surfaces
such as sports courts or outdoor recreation uses shall not be considered a public
amenity.
Section 2 Amendment. The City of Scandia Ordinance 198, also known as Chapter 155 of the City
Code, 6.4 Definitions, shall be amended by adding the underlined text and deleting the
stricken text as follows:
6.4 Placement, Height, and Design of Structures and Impervious Surfaces.
B. Wetland Setbacks. Structures, impervious surfaces, and sewage treatment systems
must meet the following setbacks from the delineated boundaries of wetlands (defined
in Minnesota Rules 8420.0111). The wetland classifications are based on the Wetland
Management Classification System defined by the Minnesota Board of Water and Soil
Resources (BWSR) and the application of the Minnesota Routine Assessment Method
(MnRAM) for Evaluating Wetland Functions, Version 3.0 or most recent version. The
MnRAM evaluation shall be completed with wetland delineations for determination of
setbacks.
Water Body Structure Setback
Requirement
Sewage Treatment
System Setback
Preserve Wetland 100 100
Manage 1 Wetland 75 75
Manage 2 Wetland 50 75
Manage 3 Wetland 25 75
Lake or wetland is a groundwater-
dependent resource 100 100
ATTACHMENT A
Added Text – Red Underline
Removed Text – Red Strikethrough
Page 2 of 2
If a stream is a groundwater-
dependent resource 150 150
(1) Setbacks shall not be required for wetlands that are less than 400 square feet in
area, except for types 3, 4, 5, or 8 wetlands, or up to 1,000 square feet in area if
approved by the City and if the wetland is isolated and determined to have no direct
surficial connection to a public water.
(2) On Manage 2 and Manage 3 wetlands, structures may encroach onto 100 square
feet, or on up to 5% of the structure setback area, whichever is greater.
(3) Wetland setbacks shall not be required for water bodies exempted from wetland
replacement requirements in Minnesota Rules 8420.0420, including public
drainage systems, restored or created wetlands, and wetlands impacts due to utility
projects.
(4) Wetland setbacks shall not be required for structures and impervious surfaces that
meet the definition of a water-oriented public amenity, as defined by this
ordinance, provided that:
(a) The water-oriented public amenity has an approved No-Loss Minnesota
Wetland Conservation Act Notice of Decision.
(b) The water-oriented public amenity meets all relevant standards related to
stormwater management and control.
(c) The water-oriented public amenity is issued a permit by the relevant
watershed district, or, the relevant watershed district states a permit is not
required.
Section 3 Planning Commission. The Planning Commission discussed the proposed ordinance
at their November 4, 2025, meeting and held a public hearing on the amendment at a
public hearing at their November 4, 2025, meeting. No comments were made at the
public hearing. The Planning Commission voted to recommend approval of the
ordinance, with amendments.
Section 4 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 18th day of November 2025.
Steve Kronmiller, Mayor
ATTEST:
Kyle Morell, City Administrator
1
TJ Hofer
From:Scollan, Daniel (DNR) <daniel.scollan@state.mn.us>
Sent:Thursday, October 23, 2025 1:43 PM
To:TJ Hofer; MN_Ordinance Review (DNR)
Cc:k.morell@ci.scandia.mn.us; b.eklund@ci.scandia.mn.us
Subject:RE: Preliminary Review - Scandia, MN - Public Amenities Shoreland Ordinance
Amendment
*** WARNING: This email is from outside the company. Proceed with Caution***
Hello TJ,
Yes, you are correct that wetlands that meet the minimum requirements to qualify as DNR Public Waters
are assigned a Public Waters ID number.
Given that this proposed amendment only aƯects WCA-regulated wetlands, the proposed ordinance
amendment does not require DNR approval.
Thank you for giving us the opportunity to review the proposed changes. Should the proposed
amendment be adopted, please send us a courtesy copy of the adopted ordinance amendment.
Best Regards,
Dan Scollan
East Metro Area Hydrologist – Ramsey and Washington Counties
Division of Ecological and Water Resources
Minnesota Department of Natural Resources
1200 Warner Road
St. Paul, MN 55106
Phone: 651-259-5732
Fax: 651-772-7977
Email: daniel.scollan@state.mn.us
mndnr.gov
From: TJ Hofer <tj.hofer@bolton-menk.com>
Sent: Thursday, October 23, 2025 1:30 PM
To: Scollan, Daniel (DNR) <daniel.scollan@state.mn.us>; MN_Ordinance Review (DNR)
<ordinance.review.dnr@state.mn.us>
Cc: k.morell@ci.scandia.mn.us; b.eklund@ci.scandia.mn.us
Subject: RE: Preliminary Review - Scandia, MN - Public Amenities Shoreland Ordinance Amendment
ATTACHMENT B
14727 209 th St. N., Scandia, Minnesota 55073
Phone (651) 433 -2274 Fax (651) 433 -5112 http://www.ci tyof scandia.com
September 16, 2025
Honorable Mayor and City Council
14727 209th Street N
Scandia, MN 55073
Re: Scandia Heritage Alliance Trail Project
Request to Authorize Preparation of Plans and Specifications
Dear Mayor and Council:
In coordination with City Staff, Bolton and Menk prepared a total project cost estimation for the
attached Scandia Heritage Alliance Trail Project based upon the attached preliminary layout,
with the following scope:
Construct 8’ Wide Bituminous Trail, with Overlook from Olinda Trail (CSAH 3) along the
wetland
Construct 6’ Wide Concrete Sidewalk along Olinda Trail (CSAH 3)
Construct 8’ Wide Boardwalk connecting the bituminous trail to the Scandia Heritage
Alliance Amphitheatre site
Construct Stormwater BMP’s
Remove Tee Ball Field and Construct Gravel Parking Lot
The total project cost estimation totals $1,261,680.00. This cost is intended to cover design,
construction administration, and construction costs. This project will be funded through a
combination of sources including grants, cash commitments from the Scandia Heritage Alliance
Group, and cash commitments from the City of Scandia. The dollars received through grants for
this project must be used prior to June of 2028, requiring construction in the summer of 2026 or
2027.
We request the City Council authorize the preparation of plans and specifications for the
Scandia Heritage Alliance Trail Project.
The anticipated project schedule is as follows:
Authorize Preparation of Plans & Specifications September 16, 2025
Approve Plans & Specifications/Authorize Ad for Bid February 17, 2026
Bid Opening March 11, 2026
Consider Contract Award at City Council Meeting March 17, 2026
Construction May - September 2026
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: Preliminary Project Layout
ATTACHMENT C
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MASTER SITE PLAN
SCALE: 1" = 50'-0"
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RYLAUR, LLC
14 PHEASANT LANE
NORTH OAKS, MN 55127
P: 612.868.3636
philger@rylaur.com
Sheet No.:
SHEET TITLE:
Drawn By:
VJH
Project Architect:
Drawing History/Revisions:
Drawing Date:
Checked By:
APH
07.02.2025
A. PETER HILGER, AIA
2025 RYLAUR, LLCC
SP1.1
MASTER SITE PLAN
PROJECT INFORMATION:
CLIENT INFORMATION:
P.O. BOX 159
SCANDIA, MN 55073
SCANDIA WATER TOWER BARN
ARTS & HERITAGE CENTER
20835 OLINDA TRAIL N
SCANDIA, MN 55073
SPLASH PAD (Future): Future splash pad
Refer to 1/SP3.1 & Sheet SP3.3
SITE PLAN KEYNOTES
1
WATER FEATURE: Splash pad creek to
provide daylight drainage from splash pad
into rain garden - Refer to 1/SP3.1
35
PARKING LOT:
Install grey trap rock parking lot
Refer to 1/SP2.1 & 1/SP3.1
RECONSTRCUTED BARN: Stable & Water
Tower Barn structure to be re-assembled &
erected on top of new ICF basment foundation
Refer to 1/SP3.1 & Architectural plan set
PORTABLE TOILET: By SHA
Outdoor Porta-Potty Trailer
Refer to 1/SP3.1 & 1/SP4.1
DRIVE: Install asphalt drive lane down to
front of Amphitheater
Refer to 1/SP4.1
STAGE PLATFORM: Raised Wood Stage
Platform Deck. Rough in electrical to stage.
Refer to Sheet SP4.1 & SP4.2
TRAIL: Construct south portion of trail linkage
as an 8'-0" wide asphalt path
Refer to 1/SP2.1
FUTURE AMPHITHEATRE: Concrete seating,
steps and stage area to be under separate
design.
FUTURE OVERLOOK DECK: (2) Wood
framed decks overlooking wetland area to be
constructed in the future
FIKA KIOSK (FBO): Coffee Kiosk Furnished
By Others - Install water & sewer line &
electric power to this location
GATE W A Y T R A I L L I N K
2
2
3
3
4
5
PRIVACY FENCE: Install 8'-0" tall double
plane welded wire fabric living screen wall
fence at plaza toilets & food truck - Rough in
electrical to fence line w/2 weatherproof outlets
6
5
38
7
7
8
8
9
9
53
53
54
54
54
12
13 STAGE RAMP:
ADA accessible wood ramp from dance pad
up to stage elevation - Refer to 1/SP4.1
14 TRAIL: Construct wetland view portion of
asphalt trail along east side of water tower
barn. Refer to 1/SP2.1 & SP3.1
15
BERM: Mound grade around north west
corner of splash pad to buffer from parking
lot - provide view into west weland meadow
Refer to 1/SP2.1 & SP3.1
15
16
ENTRANCE SIGN & BERM:
Install "Scandia Heritage Center" sign within
Native American Landscaping Berm - Refer to
1/SP2.1 & 1/SP3.1 & Landscape Design
16
17
YARD:
Native prairie grasses - see Landscape plans
17
17
18
SCULTURE YARD:
Open Yard Area for Scuplture Istallation
18
19
PLAZA:
Modular Concrete pavers in Plaza area
20
FUTURE Side Stage Area:
5" thick Conc pad adjacent to stage for
drive path & for theatre portable toilet
13
26
19
PLAZA
30
17
17
21
LANDSCAPE PLANTING BED:
Landscaped bed area w/plantings
Refer to Landscape design plans
21
21
21 21
21
17
22
DANCE PAD & REMOVABLE THRUST STAGE:
Hardscape in front of stage at grade w/Space
for removable Thurst Stage platform by Owner
Refer to 1/SP3.1
23
INTERPRETIVE TRAIL:
5'-0" wide wood chip path meandering trail
thru landscaped area
Refer to 1/SP4.1
23
24
ACCESS AISLE:
Handicapped Accessible Access aisle from
parking lot to front sidewalk
Refer to 1/SP3.1
1
24
25
LANDSCAPE ISLAND:
Curbed parking lot island w/Landscaping
Refer to Landscape design plans
26
SCULPTURE ENTRY ARCH:
Archway Scuplture Installation at entrance to
Amphitheatre - Rough in electrical to scuplture
base - Refer to 1/SP4.1
27
BENCH: Benches to be furnished by Owner
bolted down by G.C. - Exact bench design &
locations T.B.D. (10) Shown
Refer to 1/SP3.1 & B/SP3.2
28
SURMOUNTABLE CURB:
Curbline along (7) east parking stalls to be
driveover / surmountable edge w/wheel stops
Refer to 1/SP2.1
28
29
ARTOWRK BIKE RACKS:
Dero Brand "Helix" or similar bicycle rack
2) locations - Refer to 1/SP3.1, 1/SP4.1 &
C/SP3.2
29
29
SETBACK ENCROACHMENT: (347 sf)
Wetland setback encroachment building
area shown hatched as =
30
HAND PUMP:
Water well hydrant w/hand pump
Connect into Splash Pad System
31
COURTYARD:
Fine aggregate yard & plaza trees. Install
steel edging around perimeter of (4)
Courtyard trees
31
17
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17
17
32
PEDESTRIAN RAMP:
Provide ADA compliant pedestrian ramp
32
33
CURB EDGE:
Along north parking row, install 18" wide flat
conc. curb edge
34
BOULDER EDGING:
2'-0" wide river cobbles over filter fabric
surface drainage edge
35
LIGHT POLE:
20'-0" high, Historic Style LED low cutoff light
pole. Quantity = (3)
33
25
34
36
SPLASH PAD PERIMETER:
7'-6" wide Colored Conc. perimeter
around splash pad
37
NO PARKING SIGN:
Stripe off end stall & install
No Parking" sign at head of stall
37
38
CONC. PAD:
Install 2'-0" x 2'-0" concrete pad
for trailer hitch support surface
21
LEGEND
CRUSHED LIMESTONE TRAIL, 8'-0" wide
BITUMINOUS TRAIL SECTION
GATEWAY TRAIL LINK
CONNECTION TO PARKING / TRAIL SYSTEM
BOARDWALK / FLOATING WALKWAY
BITUMINOUS PAVEMENT
AMPHITHEATRE HARDSCAPE
CRUSHED TRAP ROCK, GREY
CONCRETE SIDEWALK
CRUSHED LIMESTONE
14
35
35
39
40
TRAIL INFO SIGN:
Interpretive sign F.O.B., installed by G.C.
Refer to 1/SP4.1 (Quantity = 6)
17
41
WETLAND INFO SIGN:
Interpretive sign F.O.B., installed by G.C.
along south trail
Refer to 1/SP4.1 (Quantity = 3)
42
LIGHT BOLLARD:
Light Bollards at HC Parking Sign locations
at front walk (Qnty = 2)
Shown on plans as
WETLAND
BOARDWALK
CONSTRUCTED
UNDER SEPARATE
CONTRACT
PUBLIC
SIDEWALK
INSTALLED BY
CITY OF SCANDIA
39
LANDSCAPE BOLLARD:
Light Bollard among various landscape areas
Qnty = 10) Shown on plans as
Refer to 1/SP4.1
43
40
41
42
48
44
OUTDOOR CONTROLS PLATFORM:
Stone Platform for Drinking Fountain, Splash
Pad Controls, & Landscape Irrigation &
Hose Bib - Refer to 1/SP3.1
44
45
46
SCREEN WALLS:
Wood Screen Wall Panels along east side of
Amphitheatre - Provided by Owner, Installed
by G.C. Refer to 1/SP4.1
46
10
LIGHTING TREE: (Rough In)
Install Rough-In Power & Controls Conduit for
Future high-hung Stage Lighting "Tree"
Structure- (2) Locations. Refer to 1/SP4.1
10
FUTURE SITE DESIGN ELEMENTS (N.I.C.)
TIERED STONE AMPHITHEATRE SEATING:
Grade as sloped yard
Stone bench seating and stairs to be future construction
PROSCENIUM, ROOF & BACKDROP WALLS:
Stage Platform structure is the extend of construction for
amphitheatre stage at this point in time.
Overhead structures and Walls to be constructed in the future
6
45
FENCE ENCLOSURE:
6'-0" high screen fence & lockable gate
12
OVERLOOK DECKS:
Deck 1 & Deck 2 to be future construction
20
21
21
21
21
22
21
21
27
36
10
11
BACKSTAGE PATH: (Future)
Future 3'-0" wide crushed limestone pathway
trail to run behind stage
11
47
SPLASH PAD DRAINAGE:
Splash Pad drainage via rock creek bed to
stormwater pond, see Civil & Landscape plans
4
47
48
SCULPTURE BERM:
Bermed Area w/Dala Horse or other Sculpture
Feature
49
SPLASH PAD BENCHES:
Limestone block benches or similar as
determined by onwer at Splash Pad area
Installed by G.C. (Qnty = 4)
49
50
SPLASH PAD TABLES:
Outdoor Picnic Tables as Selected by Owner
Bolted Down by G.C. (Qnty = 4)
50
51
WATER WELL BORE:
Drilled Water Well Location
51
BACKSTAGE PATH:
5'-0" wide crushed limestone path
Refer to 1/SP4.152
52
55
56
ELECTRICAL TRANSFORMER:
Install Electrical Transformer on Conc. Pad
NEW TERMINATION POLE:
New Pole to be 20'-0" south of last
existing pole - general vicinity shown
56
55
57
BRICK BORDER:
Walkway between Parking Lot & Plaza to
receive brick boards, shade in pink
57
DRINKING FOUNTAIN w/DOG DISH:
Install Outdoor Drinking Fountain
w/Dog Dish
57
43