05.c.1 CMSCWD Response to Proposed Changes to Non-Conforming Structures 5-29-26
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 & Specialist
Date: 5/29/2026
Subject: RE:RE: Memorandum on Nonconforming Structures
Thank you for the continued opportunity to comment on the City’s proposed UDC amendment
related to nonconforming buildings and structures.
The District understands that the City is re-opening the nonconformity section of its code to
better align with Minn. Stat. § 462.357. As drafted, however, the amendment appears to
incorporate nearly all of the applicable nonconformity framework while excluding one important
shoreland resource protection component: subd. 1e(i), which addresses mitigation and
conservation-designed actions during review of shoreland variances, zoning and building permit
applications, and conditional use requests.
The District previously submitted comments on this topic and participated in a follow-up
meeting with City representatives on March 19, 2026. That discussion was constructive and
identified several shared next steps, including continued coordination with the District and DNR,
earlier notice of ordinance language changes, clarification of administrative versus variance
review pathways, and consideration of proportional shoreland restoration or mitigation during
redevelopment. The District has not yet seen those items reflected in the current ordinance path.
For that reason, the District believes the current UDC amendment provides an important
opportunity to address the missing statutory shoreland mitigation language.
Areas of General Agreement
The District supports the City’s effort to clarify administration of legally nonconforming
structures, including the proposed terminology change from “yard setback” to “property line
setback” and the added requirement for replacement of removed significant trees. The District
also appreciates the City’s clarification that the amendment applies citywide through the UDC
and is not intended to reduce or modify the City’s Shoreland Management Regulations or any
higher standards that apply within shoreland areas.
Tori Dupre, President ● Fred Rozumalski, Treasurer ● Paul Richert, Secretary
Managers: Mike White, Pat Gleason, Ann Warner, & Nick Bancks
Carnelian-Marine-St. Croix Watershed District
11660 Myeron Rd North • Stillwater, MN 55082 • Tel 651-275-7451
Minn. Stat. § 462.357, subd. 1e(i)
Because the City is revising code language tied to Minn. Stat. § 462.357, subd. 1e, the District
believes this is an appropriate time to include the related mitigation and conservation-designed
action language. Subdivision 1e(i), applicable to cities, provides that in evaluating shoreland
variances, zoning and building permit applications, or conditional use requests, the zoning
authority shall require the property owner to address, when appropriate, stormwater runoff
management, reducing impervious surfaces, increasing setbacks, wetland restoration, vegetative
buffers, sewage treatment and water supply capabilities, and other conservation-designed
actions.
This provision is especially relevant where redevelopment involves existing nonconforming
shoreland conditions. Without this language, the City may clarify the rights of nonconforming
structures to continue, while omitting the companion tool that allows the City to address site-
specific shoreland impacts when continued investment in nonconforming development occurs.
Non-conformities in the Shoreland
Because the proposed UDC amendment is broader than shoreland and applies citywide, the
District believes it is reasonable for the UDC to retain the statutory phrase “when appropriate.”
This allows mitigation conditions to be applied proportionally and based on site-specific impacts,
rather than as a blanket requirement for every nonconforming structure situation.
However, if the City also considers corresponding updates to its Shoreland Management
Regulations, the District supports the DNR’s recommendation to remove “when appropriate”
from the shoreland mitigation ordinance language. That approach would provide clearer
authority to require mitigation when redevelopment, expansion, reconstruction, or other
improvements affect sensitive shoreland conditions, while better aligning the City’s ordinance
with the protective purposes of state shoreland rules.
Recommendation
The District recommends that the City add a shoreland mitigation provision to the UDC, the
Shoreland Management Regulations, or both, depending on where the City Attorney and DNR
determine the language is most appropriately located.
Tori Dupre, President ● Fred Rozumalski, Treasurer ● Paul Richert, Secretary
Managers: Mike White, Pat Gleason, Ann Warner, & Nick Bancks
Carnelian-Marine-St. Croix Watershed District
11660 Myeron Rd North • Stillwater, MN 55082 • Tel 651-275-7451
At minimum, the City’s code should clearly preserve the City’s authority to require proportional
shoreland mitigation where a project involves reduced ordinary high water level setbacks,
increased impervious surface, vegetation removal, steep slopes, wetland proximity, stormwater
runoff concerns, or other conditions that may affect adjacent properties or public waters.
Suggested language for consideration:
In evaluating variances, conditional uses, zoning and building permit applications, and
applications involving repair, replacement, restoration, maintenance, improvement, or
expansion of nonconforming uses or structures within shoreland areas, the City shall
require the property owner to address, when appropriate, conditions related to and
proportional to the impact, including stormwater runoff management, reduction of
impervious surfaces, increased setbacks from the ordinary high water level where
practicable, restoration of wetlands, preservation or restoration of vegetative buffers and
riparian vegetation, sewage treatment and water supply capabilities, and other
conservation-designed actions necessary to protect adjacent properties, public waters,
and the public interest.
Conclusion
The District does not object to the City’s stated purpose for the UDC amendment. Our concern is
that the current ordinance update may selectively incorporate the nonconformity statute while
omitting an important companion provision that supports practical shoreland mitigation during
redevelopment review.
Including this language would help clarify expectations for applicants, improve consistency
between City and Watershed review, and strengthen the administrative record when mitigation is
needed to offset impacts associated with continued investment in nonconforming shoreland
development.
Thank you again for the opportunity to comment. The District appreciates the City’s continued
coordination on shoreland administration and would welcome further discussion with the City as
the ordinance language is refined.
Tori Dupre, President ● Fred Rozumalski, Treasurer ● Paul Richert, Secretary
Managers: Mike White, Pat Gleason, Ann Warner, & Nick Bancks