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DRAFT 1/5/95 <br />management standards adopted under Minnesota Statues, section 105.458, in effect at <br />the time of installation may be considered as conforming unless they are determined <br />to be failing, except that systems using cesspools, leaching pits, seepage pits, or other <br />deep disposal method, or systems with less soils treatment area separation above <br />groundwater than required by the Minnesota Pollution Control Agency's Chapter 7080 <br />for design of on-site sewage treatment systems shall be considered nonconforming. <br />1102.09 Shoreland Alterations. Alterations of vegetation and topography in the <br />Shoreland Overlay District will be regulated to prevent erosion into public waters, fix <br />nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, <br />and protect fish and wildlife habitat. <br />Subdivision 1. Vegetation Alterations. <br />A. Vegetation alteration necessary for the construction of structures, sewage <br />treatment systems, uses permitted in the underlying zoning district and the <br />construction of roads and parking areas regulated by 1102.09, Subd. 3 of this ordinance <br />are exempt from the vegetation alteration standards that follow. <br />B. Removal or alteration of natural vegetation, except for agricultural and forest <br />management uses as regulated in Section 1102.10, shall be restricted to prevent erosion <br />into protected waters, to consume nutrients in the soil, and to preserve shoreland <br />aesthetic. Removal of natural vegetation in the Shoreland Overlay District is allowed <br />subject to the following standards: <br />1. Clear cutting of natural vegetation is prohibited. <br />2. Limited clearing of trees and shrubs and cutting, pruning, and trimming of <br />trees is allowed to provide a view to the water from the principal dwelling <br />site and to accommodate the placement of stairways and landings, picnic <br />areas, access paths, beach and watercraft access areas, and permitted water - <br />oriented accessory structures or facilities, provided that: <br />a. the screening of structures, vehicles, or other facilities as viewed from the <br />water, assuming summer, leaf -on conditions, is not substantially <br />reduced; <br />b. along rivers, existing shading of water surfaces is preserved; <br />c. the above provision is not applicable to the removal of trees, limbs, or <br />branches that are dead, diseased, or pose safety hazards. <br />3. Natural vegetation shall be restored insofar as feasible after any construction <br />project is completed to retard surface runoff and soil erosion. <br />Page 21 <br />