§ 117-260. Landscape alterations.

(a)

Vegetative cutting.

(1)

The vegetative cutting provisions of this section shall apply to those areas as specified in section 117-256.

(2)

General provisions within designated setback areas:

a.

Clear-cutting, except for any authorized public services such as roads and utilities, shall not be permitted.

b.

Selective cutting of trees in excess of four inches in diameter at breast height shall be permitted providing cutting is spaced in several cutting operations and a continuous cover is maintained.

c.

The cutting provisions of subsections (a)(2)a and b of this section shall not be deemed to prevent:

1.

The removal of diseased or insect infested trees or of rotten or damaged trees that present safety hazards.

2.

Pruning understory vegetation, shrubs, plants, brushes, grasses, or from harvesting crops, or cutting suppressed trees or trees less than four inches in diameter at breast height.

(3)

Clear-cutting. Clear-cutting anywhere within the Scenic River Land Use District of the Rum River is subject to the following standards and criteria:

a.

Clear-cutting shall not be used as a cutting method where soil, slope, or other watershed conditions are determined by the zoning authority to be fragile and subject to severe erosion and/or sedimentation.

b.

Clear-cutting shall be conducted only where clear-cut blocks, patches or strips are, in all cases, shaped and blended with the natural terrain.

c.

The size of clear-cut blocks, patches or strips shall be kept at the minimum necessary.

d.

Where feasible, all clear cuts shall be conducted between September 15 and May 15. If natural regeneration will not result in adequate vegetative cover, areas in which clear-cutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring or the following spring.

(b)

Grading, filling, alterations of the bed of public waters.

(1)

Any grading and filling work done within the Scenic River Land Use District of this section shall require a permit and shall comply with the following:

a.

Grading and filling of the natural topography that is not accessory to a permitted or conditional use shall not be permitted in the Scenic River Land Use District.

b.

Grading and filling of the natural topography that is accessory to a permitted or conditional use shall not be conducted without a grading and filling permit from the zoning authority. A grading and filling permit may be issued only if the conditions of the following subsections (b)(1)c and d of this section are properly satisfied.

c.

Grading and filling of the natural topography which is accessory to a permitted or conditional use shall be performed in a manner which minimizes earthmoving, erosion, tree clearing, and the destruction of natural amenities.

d.

Grading and filling in of the natural topography shall also meet the following standards:

1.

The smallest amount of bare ground is exposed for as short a time as feasible.

2.

Temporary ground cover such as mulch is used and permanent ground cover such as sod, is planted.

3.

Methods to prevent erosion and to trap sediment are employed.

4.

Fill is stabilized to accepted engineering standards.

(2)

Excavation of material from, or filling in a wild, scenic or recreational river, or construction of any permanent structures of navigational obstructions therein is prohibited unless authorized by a permit from the commissioner of DNR pursuant to Minn. Stats. § 103G.245.

(3)

Drainage or filling in of wetlands is not allowed within the Scenic River Land Use District designated by this subdivision.

(c)

Utility transmission lines. All utility transmission crossings of land within the Scenic River Land Use District designated by this subdivision shall require a conditional use permit. The construction of such transmission services shall be subject to the standards and criteria of Minn. Rules pt. 6105.0170. No conditional use permit shall be required for high voltage transmission lines under control of the environmental quality council pursuant to Minn. Stats. § 216E.10.

(d)

Public roads. In addition to such permits as may be required by Minn. Stats. § 103G.245, a conditional use permit shall be required for any construction or reconstruction of new public roads within the Scenic River Land Use District of this subdivision. Such construction or reconstruction shall be subject to the standards and criteria of Minn. Rules pt. 6105.0200. A conditional use permit is not required for minor public streets that are streets intended to serve primarily as an access to abutting properties. Public roads include township, county, and municipal roads and highways that serve or are designed to serve flows of traffic between communities or other traffic generating areas.

(Code 1978, § 9.23.10; Ord. No. 81-04, 8-18-1981; Ord. No. 86-2, 8-25-1986)