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Chapter 153 Water Resource Management Adopted 6/28/2022 <br /> Page 26 of 34 <br />(h)Access. In situations where the setback is entirely on private property, limited clearing and <br />trimming of trees, shrubs, and other vegetation within the setback is allowed to create an access <br />path to the waters edge. The path shall not exceed 12 feet in width. <br />(4)Setback vegetation requirements. <br />(a)Setback vegetation shall not be cultivated, cropped, pastured, mowed, fertilized, subject to the <br />placement of mulch or yard waste, or otherwise disturbed, except for: <br />(i)Periodic cutting or burning that promotes the health of the setback or to maintain the <br />proposed natural community, <br />(ii)Removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards, <br />(iii)Actions to address disease or invasive species, <br />(iv)Mowing for purposes of public safety, <br />(v)Mowing or clearing of trees and shrubs to create an access path no more than 12 feet in <br />width to allow access to the water resource, <br />(vi)Temporary disturbance for placement or repair of buried utilities, or <br />(vii)Other actions to maintain or improve setback quality, each as approved by the CCWMO. <br />(b)Pesticides and herbicides may be used in accordance with Minnesota Department of Agriculture <br />rules and guidelines. <br />(c)Once vegetation is established in a setback, no fill, debris or other material shall be excavated <br />from or placed within a setback except as allowed under § 153.59.B.4.a. <br />(d)Areas of the transition setback that will be disturbed by grading activities during construction, <br />shall be planted according to the following standards: <br />(i)Soils must be decompacted to a depth of 18 inches and organic matter must be <br />incorporated into soils before seeding or planting. Decompaction shall be accomplished <br />solely by incorporation of organic matter within the drip line or critical root zone of trees or <br />within 10 feet of underground utilities. <br />(ii)Transition setback areas shall be planted with a native seed mix and/or native plantings <br />approved by the CCWMO. <br />(5)Recording of Setback. The setback shall be documented by a declaration or other document <br />approved by the CCWMO or municipality and recorded in the office of the County Recorder before <br />the permit will be issued. <br />(6)Monumentation. The setback shall be indicated by permanent, free-standing markers at the <br />setback’s upland edge. Monumentation shall conform with the guidelines described in §153.62. <br />(7)Maintenance. The setback shall be maintained in accordance with the provisions outlined in the <br />Carver County Water Management Ordinance and BMP Guidelines and with any applicable <br />establishment and maintenance plans.