Publish January 7, 2022
NOTICE OF ADOPTION OF AMENDMENTS TO THE DOUGLAS COUNTY
ZONING ORDINANCE AS IT RELATES TO CLEARING AND GRADING OF LAND, PLACEMENT OF RIP RAP, AND THE USE OF PERVIOUS PAVEMENT IN THE RESIDENTIAL SHORELAND ZONING DISTRICT.
Notice is hereby given that on the 21st day of December, 2021, the Douglas County Board of Commissioners adopted amendments to the Zoning Ordinance establishing a permit requirement and standards for the placement of rock riprap in shore impact zones, establishing a permit requirement and additional standards for vegetation clearing and soil grading in shoreland areas, and removing language referring to pervious pavement systems and/or any impervious surface credit that may be granted for such systems. The amendments will be effective upon approval of the Commissioner of the Department of Natural Resources. Complete copies are available on the Douglas County Website (www.co.douglas.mn.us), at the Land & Resource Management Office, Horizon Public Health, and at the Auditor/Treasurer’s Office. The following is a summary of the ordinance amendments:
Section V. Performance Standards
L. Additional Provisions Within the Residential Shoreland District.
2.a.(5.)(e) Natural Rock Riprap: This section allows for the use of rock riprap to stabilize active erosion of shorelines where verified erosion is occurring and with an approved shoreland alteration permit from the Land & Resource Management Department. Subparts of this section establish specific standards for where and how riprap may be installed and include a requirement for the preservation or restoration of a natural vegetative buffer comprising 30% of the shore impact zone of a property when riprap exceeds 25 ft or 25% of the length of a shoreline.
2.a.(8.) Clearing, Grading, and Drainage Permits: This section establishes a permit requirement for land altering activities that would exceed 2000 sq ft of altered area and be located within 500 ft of a protected water. Subparts of this section clarify when a permit is required, specify that a grading and erosion control plan must be supplied, and exempt certain agricultural activities and ordinary maintenance of public infrastructure from the requirements of the section.
2.a.(9.) A grading and erosion control plan shall include…: This section specifies how a grading and erosion control plan shall be drafted and what information must be included in that plan.
2.a.(10.) The following considerations and conditions must be…: This section lists additional standards and requirements that must be met when engaging in land altering activities for which a permit would be required.
4.a.(2.) Specific Standards: Amendments to this section removed all language associated with, and reference made to, pervious pavers and the granting of impervious surface credit for pervious pavement systems.
Section VIII. Definitions
The following definition was added to the section:
Natural shoreline vegetative condition - The condition of vegetation growing in areas adjacent to lakes, rivers, streams, wetlands and other bodies of water such that it has not been actively altered by human activities including land development, crop farming, forestry, mining, dredging or other activity, but may have been passively altered by such actions as erosion, invasive species colonization, animal grazing, minor filling, fire, or other natural or indirect human cause.