7.3 SR 12-04-2023Request for Action
To
Item Number
Mayor and City Council
7.3
Agenda Section
Meeting Date
Prepared by
Public Hearings
December 4, 2023
Suzanne Fischer, Env. Services/ Special Projects Director
Item Description
Reviewed by
Amend Sections 30-1861 through Section 30-1912 of
Jared Shepherd, City Attorney; Rebecca Haug, WSB
the Floodplain Management Ordinance Division 11
En r; and, James Bedell, DNR Area Hydrologist
Reviewed by
Cal Portner, City Administration
Action Requested
Approve, by motion, the amended Sections 30-1861 through Section 30-1912.
Adopt, by motion, a resolution approving summary publication sections pertaining to Floodplain Management
Ordinance Division 11.
Background/Discussion
Most local governments in Minnesota have an ordinance based off a previous version of the State's model. The
model has been revised a number of times over the years for various reasons, with the most significant update
occurring in early 2022. Local governments are encouraged to adopt the most recent version during each
ordinance amendment.
This model floodplain ordinance is simplified because it includes only one floodplain district and accommodates a
more limited range of development. This ordinance is intended for communities that have little or no existing
structures within the floodplain and that meet the following criteria:
■ Floodplains are largely undeveloped or protected as parks or open space; and/or
■ Each developable parcel can accommodate for building sites outside of the floodplain.
Financial Impact
N/A
Mission/Policy/Goal
Responsibly grow.
Attachments
■ Proposed Ordinance Amendment Sections 30-1861 thm Section 30-1912 of the Floodplain Management
Ordinance, Division 11.
■ Star News Affidavit of Publication
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires pi ospei ly.
M
TUREJ
Updated.- Januay 2023
■ MN DNR Letter to Mayor Dietz, dated 11-27-2023
■ Summary of the City of Elk River Floodplain Ordinance
N:APublic Bodies\Agenda Packets\12-04-2023\7.3 sr Action-Req Floodplain Ord amendment 12.4.2023.docx
of
ver
Ordinance 23 -
An Ordinance Amending Chapter 30, Sec. 30-1861, Definitions, through Sec. 30-
1914 Nonconforming Structures & Uses, of the City of Elk River, Minnesota, City
Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § Section 30-1861, Definitions, of the City of Elk River Code of Ordinances
shall be amended to read as follows:
Sec. 30-1861. Definitions.
The definitions in section 30-1 are applicable in this division. Unless specifically defined in
section 30-1, words or phrases used in this division shall be interpreted so as to give them the same
meaning as found elsewhere in this Code, or as they have in common usage and so as to give this
division its most reasonable application.
Base Flood means the flood having a one -percent chance of being equaled or exceeded in any
given year. "Base flood" is synonymous with the term "regional flood" used in Minnesota Rules,
part 6120.5000.
Base Flood Elevation (BFE). The elevation of the base flood, regional flood, or one -percent
annual chance flood. The term "base flood elevation" is used in the Flood Insurance Study which
was conducted b)� Department of Natural Resources and is attached to the City's official flood plain
map.
Development. Any man-made change to improved or unimproved real estate including, but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or
drilling operations, or storage of materials or equipment.
Farm Fence. An open type of fence of posts and horizontally run wire, further specified in
Minnesota Statutes Section 344.02, Subd. 1(a) — 4.
Flood Fringe. The portion of the one -percent annual chance floodplain is located outside of the
floodway.
Flood Insurance Bate Ma (FIRM). An official map on which the Federal Insurance Administrator
has delineated both the special flood hazard areas and the risk premium zones applicable to the
community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate
Map(DFIM.
Floodplain. The beds, channel and the areas adjoining a wetland, lake or watercourse, or other
source which have been or hereafter may be inundated by the base flood.
Floodzva'y. The bed of a wetland or lake and the channel of a watercourse and those portions of
the adjoining floodplain which must be reserved to carry or store the base flood discharge without
cumulatively increasing the water surface elevation more than one-half foot.
Manufactured home means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without permanent foundation when attached to
the required utilities. The term "manufactured home" does not include the term "recreational
vehicle."
Recreational Vehicle. A vehicle that is built on a single chassis, is 400 square feet or less when
measured at the largest horizontal projection, is designed to be self-propelled or permanently
towable bight duty truck and is designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal use. Those vehicles not
meeting this definition shall be considered a structure for the purposes of this ordinance. For the
purposes of this ordinance, the term recreational vehicle is synonymous with the term "travel
trailer/travel vehicle."
Regulatory Flood Protection Elevation (BFPE). An elevation no lower than one foot above the
elevation of the base flood plus any increases in water surface elevation caused b`T encroachments on
the floodplain that result from designation of a floodwa`T. These increases in water surface elevations
are typically identified in the Floodway Data Tables, found in the Flood Insurance Study. Stmeture,
when used in division 11 of this article, means a roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured home. Recreational vehicles not
considered travel ready as provided in Section 30-1911(c) (10), shall also be considered a
nonconforming structure for the purposes of this division.
Substantial damage, as used in this division, means damage of any origin sustained by a structure
where the cost of restoring the structure to it before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
Substantial improvement, as used in this division, means, within any 365-day period, any
reconstruction, rehabilitation (including normal maintenance and repair), repair after damage,
addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before the "start of construction" of the improvement. This term
includes structures that have incurred "substantial damage," regardless of the actual repair work
performed. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the building
official and which are the minimum necessary to assure safe living conditions.
(2) Any alteration of an "historic structure," provided that the alteration will not preclude the
structure's continued designation as an "historic structure." For the purpose of this
division, "historic structure" shall be defined in 44 Code of Federal Regulations, Part 59.1.
Variance, when used in division 11 of this article, means a modification of a specific
permitted development standards required in an official control including this division,
but only as applied to a particular property for the purpose of alleviating a hardship,
practical difficulty, or unique circumstances as defined and elaborated upon in the City's
zoning code.
(Code 1982, § 902.02(8); Ord. No. 2000-02, § 3, 3-20-2000; Ord. No. 11-05, § 2, 10-17-2011)
Cross reference(s)Definitions generally, § 1-2.
Sec. 30-1862. Statutory authority.
The legislature of the state has, in Minn. Stats. chs. 103F and 462, delegated the responsibility
to local government units to adopt regulations designed to minimize flood losses. Therefore, the city
council does ordain as provided in this division.
(Code 1982, § 902.00(1))
Sec. 30-1863. Findings.
(a) The flood hazard areas of the city are subject to periodic inundation which results in potential
loss of life, loss of property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health, safety, and general
welfare.
(b) This division is based upon a reasonable method of analyzing flood hazards which is consistent
with the standards established by the state department of natural resources.
(c) This division is adopted to comply with the rules and regulations of the National Flood
Insurance Program codified as 44 Code of Federal Regulations, Parts 5980, as amended, so
as to maintain the city's eligibility in the National Flood Insurance Program.
(d) This division is also intended to preserve the natural characteristics and functions of
watercourses and flood
plains in order to moderate flood and stormwater impacts, improve
water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational
opportunities, provide aesthetic benefits, and enhance community and economic development.
(Code 1982, § 902.00(2); Ord. No. 11-05, § 3, 10-17-2011)
Sec. 30-1864. Purpose of division.
It is the purpose of this division to promote the public health, safety, and general welfare and
to minimize those losses described in section 30-1863(a) by provisions contained in this division.
(Code 1982, § 902.00(3))
Sec. 30-1865. Lands to which division applies.
This division shall apply only to those lands within the jurisdiction of the city shown on the
official zoning map and/or the attachments thereto as being located within the boundaries of the
floodplain, shown as Zones �A or AU on the Flood Insurance
Rate Map panels.
(Code 1982, § 902.02(1); Ord. No. 11-05, § 4, 10-17-2011)
Sec. 30-1866. Compliance with division.
No new structure or land shall hereafter be used, and no structure shall be constructed, located,
extended, converted, or structurally altered without full compliance with the terms of this division
and other applicable regulations which apply to uses within the jurisdiction of this division. All uses
within the floodplain not listed in Sec. 30-1911 shall be prohibited.
(Code 1982, § 902.04(2); Ord. No. 11-05, § 5, 10-17-2011)
Sec. 30-1867. Zoning map adopted.
The official zoning map together with all materials attached thereto is hereby adopted by
reference and declared to be a part of this division. The material attached to the official zoning map
shall include the Flood Insurance Study, Sherburne County, Minnesota and Incorporated Areas, the
Map Index for Flood Insurance Study, Sherburne County, Minnesota and Incorporated Areas with
Map Number 27141CINDO A and the Flood Insurance Rate Map panels therein, numbered
27141CO270 F, 27141CO295 F, 27141CO360 F, 27141CO370 F, 27141CO380 F, 27141CO385 F,
27141CO390 F, 27141CO395 F, and 27141CO410 F, all of these documents being dated November
16, 2011, and prepared by the Federal Emergency Management Agency. The official zoning map
shall be on file in the office of the city clerk.
(Code 1982, § 902.02(2); Ord. No. 2000-02, § 1, 3-20-2000; Ord. No. 11-05, § 6, 10-17-20
SEC. 30-1868. Annexations.
The Flood Insurance Rate Map panels referenced in Sec. 30-1867 may include floodplain
areas that he outside of the corporate boundaries of the city at the time of adoption of this division.
If any of these floodplain land areas are annexed into the City after the date of adoption of this
ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance
immediately upon the date of annexation. Annexations into panels not referenced in Sec. 30-1867
require ordinance amendment in accordance with Sec. 30-1869.
Sec. 30-1869. Regulatory flood protection elevation.
The regulatory flood protection elevation shall be an elevation no lower than one foot above
the elevation of the regional base flood plus any increases in flood elevations caused by
encroachments on the floodplain that result from designation of a floodway.
Agency,—tion published by the Federa4 -EmeTeney Management shaR be 930.1
Datum,Geodetic Vertiea4
(Code 1982, § 902.02(3); Ord. No. 2000-02, § 2, 3-20-2000)
Sec. 30-1870. Amendments.
(a) Ordinance Amendments. Any revisions to the floodplain maps by the Federal Emergency
Management Agency or annexations of new map panels require an ordinance amendment to
update the map references in Sec. 30-1867 of this division.
(b) ReguiredApprowk All amendments to this ordinance must be submitted to the Department of
Natural Resources (DNR) for review and approval prior to adoption, for compliance with state
and federal rules and requirements. Amendments to the floodplain ordinance shall not be
considered valid until approved by the DNR.
(Code 1982, § 902.22; Ord. No. 11-05, § 7, 10-17-2011)
areas ttriless if ean be shown fhaf fhe designafion i's fin error or fhaf fhe area has been filled #- —
f einf ri d.
r
g effierif
g effient
Sec. 30-1871. Interpretation of division; determination of boundaries of districts.
(b) The boundaries of the zoning districts shall be determined by scaling distances on the
official zoning map. Where interpretation is needed as to the exact location of the
boundaries of the district as shown on the official zoning map, as for example where there
appears to be a conflict between a mapped boundary and actual field conditions, and there
is a formal appeal of the decision of the land development staff, the board of adjustments
shall make the necessary interpretation. All decisions will be based on elevations on the
regional (100-year) flood profile, the ground elevations that existed on the site at the time
the city adopted its initial floodplain regulations or on the date of the first National Flood
Insurance Program map showing the area within the 100-year floodplain if earlier, and
other available technical data. Persons contesting the location of the district boundaries
shall be given a reasonable opportunity to present their case to the board of adjustments
and to submit technical evidence.
(Code 1982, § 902.02(4); Ord. No. 11-05, § 8, 10-17-2011)
Sec. 30-1872. Effect of division on existing easements, covenants, or deed restrictions.
It is not intended by this division to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. private agreements. However, where this division imposes greater
restrictions, the provisions of this division shall prevail.
(Code 1982, § 902.02(5); Ord. No. 11-05, § 9, 10-17-2011)
Sec. 30-1873. Warning and disclaimer of liability.
This division does not imply that areas outside the floodplain districts or land uses permitted
within such districts will be free from flooding or flood damages. This division shall not create
liability on the part of the city or any officer or employee thereof for any flood damages that result
from reliance on this division, or any administrative decision lawfully made thereunder.
If any section, clause, provision, or portion of this division is adjudged unconstitutional or
invalid by a court of competent jurisdiction, the remainder of this division shall not be affected
thereby and shall remain in full force and effect.
(Code 1982, § 902.02(6); Ord. No. 11-05, § 10, 10-17-2011)
Sec. 30-1874. Penalty; additional remedies.
(a) Uses in Violation of the Ordinance. Every structure, fill, deposit, or other use placed or
maintained in the floodplain in violation of this ordinance shall be considered a public
nuisance.
(b) Civil Remedies. The creation of a public nuisance maybe enjoined and the maintenance of a
public nuisance under this ordinance may be abated by an action brought by the city or the
Department of Natural Resources consistent with the provisions of City Code § Chp. 46..
(c) Enforcement. Violations of the provisions of this ordinance constitutes a misdemeanor and is
punishable as defined by law. The city and the State commissioner may utilize the full array
of enforcement actions available to it including but not limited to prosecution and fines,
injunctions, after -the -fact permits, orders for corrective measures or a request to the
National Flood Insurance Program for denial of flood insurance.
(Code 1982, § 902.20; Ord. No. 11-05, § 11, 10-17-2011)
.,
.
As soon possible,
Federal Effiergeney
Alanageffietif Ageney
regional offiele along wifh fhe eify's, plan
of a
eonfrols. ,
(4) if fhe responsible parfy does, nof appropriately respond fo fhe land de-eelopffiew sfaff wifhin
fhe lapse of fhe speeified response pei4od notify, fhe landowner fo fe-ifore fhe land fo f
(Code 1982, § 902.04(2)(A)(C); Ord. No. 11-05, § 12, 10-17-2011)
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Secs. 30-1875-30-1890. Reserved.
SECTION 2. That § Section 30-1891, Administration, of the City of Elk River Code of
Ordinances shall be amended to read as follows:
(a) The land development staff of the city shall administer and enforce this division. If the land
development staff finds a violation of the provisions of this division, the land development
staff shall notify the person responsible for such violation in accordance with the procedures
states i Section 30 1 873 and provide a reasonable time, based on the circumstances, to remedy,
the violation.
(b) The land development staff shall maintain a record of the elevation of the lowest floor,
including basement, of all new structures and alterations or additions to existing structures in
the floodplain. The land development staff shall also maintain a record of the elevation to
which structures or alterations and additions to structures are floodproofed.
(Code 1982, § 902.16(1), (2)(G); Ord. No. 11-05, § 13, 10-17-2011)
Editor's note(s)Section 13 of Ord. No. 11-05, adopted Oct. 17, 2011, changed the title of § 30-
1891 from "Duties of land development staff building and zoning administrator" to "Duties of
land development staff."
Sec. 30-1892. Permits and certificates.
(a) Permit required. A permit issued by the land development staff in conformity with the provisions
of this division shall be secured prior to the erection, addition, modification, rehabilitation,
replacement (including normal maintenance and repair) or alteration of any building, structure,
or portion thereof, prior to the use or change of use of a building, structure, or land, prior to
the construction of a dam, fence, or on -site septic system, prior to the change or extension of a
nonconforming use, prior to the repair of a structure that has been damaged by flood, fire,
tornado, or any other source, and prior to the placement of fill, excavation of materials, or the
storage of materials or equipment within the floodplain. Where required by this division or any
other provision of this article, such permits may require prior review and approval by the
planning commission and city council.
(b) Application forpermit. Application for a permit to the land
development staff on forms furnished by the land development staff and shall include the
following where applicable: Plans is duplicate drawn to scale, showing the nature, location,
dimensions, and elevations of the lot; all existing or proposed buildings, structures, service
facilities, potential obstructions, fill or storage of materials, and pertinent design features; the
location and detail of grading, fill, or storage of materials ; copies of an)� recluired local, state, or
federal permits or approvals; and other relevant information requested b)T the land
development staff asnecessary y to properly evaluate the application.
Prior fo gran"
*"eeessafy state and federal perffifts.
(c) Certificate of honing compliance. It shall be unlawful to use, occupy, or permit the use or occupancy
of any building or premises or part thereof hereafter created, erected, changed, converted,
altered, or enlarged in its use or structure until a certificate of zoning compliance shall have
been issued by the land development staff stating that the use of the building or land conforms
to the requirements of this division.
(d) Constmction and use to comply with approvedplans. Permits, conditional use permits, or certificates of
zoning compliance issued on the basis of approved plans and applications authorize only the
use, arrangement, and construction set forth in such approved plans and applications, and no
other use, arrangement, or construction. Any use, arrangement, or construction at variance with
that authorized shall be deemed a violation of this division and punishable as provided by
section 30-1873.
(e) Certification of elevation and floodproofing. The applicant shall be required to submit certification by a
registered professional engineer, registered architect, or registered land surveyor that the
finished fill and building elevations were accomplished in compliance with the provisions of
this division. Floodproofing measures shall be certified by a registered professional engineer or
registered architect.
f Record of first floor• elevation. The land development staff shall maintain a record of the elevation of
the lowest floor (including basement) of all new structures and alterations or additions to
existing structures in the flood plain. The land development staff shall also maintain a record of
the elevation to which structures or alterations and additions to structures are floodproofed.
(h) Notifications for• watercourse alternations. The land development staff shall notify, in riverine
situations, adjacent communities and the commissioner of the department of natural resources
prior to the community authorizing any alteration or relocation of a watercourse. If the
applicant has applied for a permit to work in the beds of public waters pursuant to Minn. Stat.
ch. 103G.245, this shall suffice as adequate notice to the commissioner of natural resources. A
copy of said notification shall also be submitted to the Chicago Regional Office of the Federal
Emergency Management Agency (FEMA).
(h) Notification to FEMA when physical changes increase or decrease the 100 yearflood elevation. As soon as
practicable, but not later than six months after the date such supporting information becomes
available, the land development staff shall notify the Chicago Regional Office of FEMA of the
changes by submitting a copy of said technical or scientific data. Within areas where the
floodway has not been delineated, a map revision is onl�, required if development results in
stage increases greater than 0.5 feet.
(i) Not cation to the Department of Natural Resources. All notices of public hearings to consider
variances or conditional uses under this division must be sent via electronic mail to the
Department of Natural Resources respective area h Tdgist at least ten days before the
hearings. Notices of hearings to consider must include copies of the subdivision/plat. A copy
of all decisions granting variances and conditional uses under this ordinance must be sent via
electronic mail to the Department of Natural Resources respective area h,Td�gist within ten
(10) days of final action.
(j) Recordkeeping. The City must maintain applicable records in perpetuity documenting the
following:
(1) encroachment analysis as provided in section 30-1911(c)(4);
(2) Final elevations, as applicable, detailing the elevation to which structures and improvements
to structures are constructed or floodproofed. Elevations shall be determined b
engineer, architect, survey, or other qualified individual.
(3) Substantial damage and substantial improvement determinations, as detailed in section 30-
1913(c), including the cost of improvements, repairs, and market value; and
(4) All variance actions, including justification for their issuance.
(Code 1982, § 902.16(2)(A)(2)(F); Ord. No. 11-05, § 14, 10-17-2011)
Sec. 30-1893. - Board of adjustments; appeals and variances.
(a) Po)))els and duties of hoard of ar justnaents. The planning commission, which serves as the board of
adjustments under this article pursuant to subdivision II of division 2 of this article, shall be the
board of adjustments under this division., with the following powers and duties:
(1) The board of adjustments shall hear and decide appeals where it is alleged there is error
in any order, requirement, decision, or determination made by an administrative official in
the enforcement or administration of this division.
(2) The board of adjustments shall hear and decide requests for variances from the
provisions of this division pursuant to the standards set forth in this section.
In exercising these powers and duties, the city council shall follow the procedures, rules
and regulations established in subdivision II of division 2 of this article.
(h� Rules. The board of adjustments shall adopt rules for the conduct of business and may exercise
all of the powers conferred on such boards by state law.
(c� TValiances generally. The board of adjustments may authorize upon appeal in specific cases such
relief or variance from the terms of this division as will not be contrary, to the public interest,
and only, for those circumstances such as hardship, practical difficulties, or circumstances
unique to the property, under consideration, as provided for in subdivision II of division 2 of
this article. In the granting of such variance, the board of adjustments shall clearly, identify, in
writing the specific conditions that existed consistent with the criteria specified in subdivision
II of division 2 of this article which justified the granting of the variance.
(d) TValiances must not be issued within any, designated floodwayr if any, increase in flood
levels during the base flood structure would result.
(e) In addition to the criteria set forth inssubdivision II of this article, the following
additional variance criteria of the Federal Emergency, Management Agency, must be satisfied for
the issuance of a variance for any, property, within any, designated regulatory, floodplain:
(1) Variances shall only, be issued upon a showing of good and sufficient cause, and a
determination that failure to grant the variance would result in exceptional hardship to the
applicant.
(2) A determination [of] the granting of a variance will not result in increased flood
heights, additional threats to public safety,, extraordinary, public expense, create nuisances,
cause fraud on or victimization of the public, or conflict with exiting local laws or
ordinances.
(3) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(4) No variance shall have the effect of allowing in any district uses prohibiting in that
district, permit a lower degree of flood protection than the regulatory, flood protection
elevation for the particular area, or permit standards lower than those required by state
law.
Healilgs. The land development staff shall submit by mail to the state commissioner of natural
resources a copy, of the application for proposed variances sufficiently, in advance so that the
commissioner will receive at least ten days' notice of the hearing on the variance.
(g) Decisions; lr,07.ctions on va1zances. In granting a variance, the board of adjustment may, prescribe
appropriate conditions and safeguards, such as those specified in sectioia 30 1914(3), which are in
conformity, with the purposes of this division. Violations of such conditions and safeguards, when
made a part of the terms under which the variance is granted, shall be deemed a violation of this
division punishable under sectioia 30 1873. A copy, of all decisions granting variances shall be
forwarded by mail to the commissioner of natural resources within ten days of such action and
shall be reported as requested by FEMA.
g
(h) Flood insurance notice; Iecords and 1-ep fis. The land development staff shall notify the applicant for
a variance that the issuance of a variance to construct a structure below the base flood level will
result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00
of insurance coverage and that such construction below the 100-gear or regional flood level
increases risks to life and property. Such notification shall be maintained with a record of all
variance actions. The city shall maintain a record of all variance actions, including justification for
their issuance, and report such variances issued in its annual or biennial report submitted to the
administrator of the National Flood Insurance Program.
(Code 1982, § 902.16(3); Ord. No. 11-05, § 15, 10-17-2011)
Secs. 30-1894-30-1910. - Reserved.
SECTION 3. That § Section 30-1911, Zoning Districts and Restrictions of the City of Elk River
Code of Ordinances shall be amended to read as follows:
34......:1-9..4...4. )
disfrief shall also inelude fhose areas for Wesf Twin Lake fhaf are af or below *:he
41...., ..ee ioi:.b.....:34......:1467
adjaeenf fo Wesf Twin Lake abo-ee fhe ordinary high wafer le -eel of 927.4 (Nafiona
2"
Sec. 30-1911. Permitted Activities and Standards in the Floodplain District
(a) PeimittedActivities. A permit must be obtained from the land development staff to verify
compliance with all applicable standards outlined in this division prior to the following uses or
activities.
(1) Any addition, modification, rehabilitation, repair, or alteration to a nonconforming structure
as specified in Sec. 30-1916 of this division. Normal maintenance and repair also requires a
permit if such work, separately, or in conjunction with other planned work, constitutes a
substantial improvement as defined in Sec. 30-1861.
(2) Any use that requires fill, excavation, storage of materials, or placement of anything that may,
cause a potential obstruction, as well as any other form of development as defined in Sec.
30-1861 of this division.
(b) Activities Not Requiring a Permit. Certain uses or activities may be exempt from obtaining a permit,
such as planting a garden, farming, or other obviousl,�gnificant activities such as putting up a
mailbox or flagpole. Farm fences, as defined in Sec. 304861, are not considered to be an
obstruction, and as such, do not require a permit. A local permit is not required if a public
waters work permit has been obtained from the Department of Natural Resources, unless a
significant area above the ordinary high-water level is also to be disturbed. The continuation of
existing uses, when the associated activities do not encroach further on the regulatory floodplain
or trigger associated standards in this ordinance, do not require a permit.
(c� Minimum Development Standards
(1) All development must:
a. Be designed or modified) and adequately anchored to prevent flotation, collapse, or
lateral movement resulting from hyd�ynamic and hydrostatic loads, including the
effects of buoyancy;
b. Be constructed with materials and equipment resistant to flood damage;
c. Be constructed by methods and practices that minimize flood damage;
d Be reasonabl`, safe from flooding and consistent with the need to minimize flood
damage;
e. Be assured to provide adequate drainage to reduce exposure to flood hazards;
f. Not be detrimental to uses in adjoining areas; and
g. Not adversel`, affect the efficiency or restrict the flood carrying capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage system.
(2) Buildings and Structures. No new structures, such as buildings or accessory structures may be
permitted in the regulatory floodplain. Modifications and alterations of nonconforming
structures is subject to the standards in Sec. 30-1916.
(3) Subdivisions. All new lots must be able to accommodate for a building site with a natural grade
outside of the floodplain. All subdivisions must have vehicular access both to the
subdivision and to the individual building sites no lower than two feet below the Regulatory
Flood Protection Elevation (RFPE).
(4) EncroacbmentAnaUsis. Development in the following areas requires hydrologic and hydraulic
anal performed by a professional engineer, or using other standard engineering practices
(e.g., projects that restore the site to the previous cross -sectional area
a. In a floodway, development may not result in any of the following during the one -
percent annual chance flood: cause a stage increase of 0.00 feet or greater, obstruct
flood flows, or increase velocities.
b. In areas where a floodwav has not been delineated. development may not allow stage
increases more than one-half (0.5) foot at an)point during the one -percent chance
flood. This evaluation must include the cumulative effects of previous
encroachments. A lesser water surface elevation increase than one-half (0.5) foot is
required if, due to the water surface level increase, increased flood damages would
potentially result.
(5) Fences not meeting the definition of farm fences are not permitted.
(6) Transportation Facilities. Railroad tracks, roads, and bridges must be elevated to the Regulatory
Flood Protection Elevation (RFPE) where such facilities are essential to the orderly,
functioning of the area, or where failure or interruption would result in danger to public
health or safety. Minor or auxiliary roads or railroads may be constructed at a lower elevation
where failure or interruption of transportation services would not endanger the public health
or safetypublic transportation facilities should be designed to minimize increases in
flood elevations.
(7) Public Utilities. All utilities such as gas, electrical, sewer, and water supply systems to be
located in the floodplain must be elevated and/or floodproofed to the Regulatory Flood
Protection Elevation (RFPE), be located and constructed to minimize or eliminate flood
damage and be designed to eliminate infiltration of flood waters into the s`Tstems and
discharges from the s`Tstems into flood waters. All public utilities should be designed to
minimize increases in flood elevations. New solid waste management facilities, as defined in
Minnesota Rules, part 7035.0300, are prohibited. Water suppl)� s`Tstems are subject to the
provisions in Minnesota Rules, part 4725.4350.
(8) Potential Pollutants. Materials that, in time of flooding, are buo) ant, flammable, explosive, or
could be injurious to human, animal, or plant life, as well as those likel`T to cause pollution of
the waters, such as sewage; sand; rock; wrecked and discarded equipment; dredged spoil;
municipal, agricultural, or industrial waste; and other wastes as further defined in Minnesota
Statutes, Section 115.01, are prohibited.
(9) Land Alterations. In areas within 25 feet of the ordinary high-water level, land alterations shall
be restricted to:
a. the minimum required to accommodate beach and access areas, not to exceed a
volume greater than 10 cubic `lards; and
b. the minimum required to accommodate for public utilities, roads, railroad tracks,
bridges, and shoreline stabilization projects to correct an identified erosion problem,
as verified b)� a qualified resource agenc`T or the zoning administrator.
(10) Recreational vehicles must be travel -read, meeting the_following criteria:
a. The vehicle must be fully licensed.
b. The vehicle must be read`T for highway, meaning on wheels or the internal
jacking s,Ts�, attached to the site onl)� b)� quick disconnect tie utilities.
c. No permanent structural tie additions may be attached to the vehicle.
(9 %)PrWale On -site Dater Su -ply. Individual Sewage Treatment S'stems, and other Service Facilities shall be
subject to applicable provisions detailed in Sec. 30-1912(7), Replacement of on -site sewage
treatment s`Tstems are to be constructed to avoid impairment to them or contamination from
them during times of flooding, shall not be located .n a designated floodway, and are subject
to the provisions in Minnesota Rules, part 7080.2270. No new private service facilities mad
be permitted in the regulatory flood lain.
The following
�,. tt
flood flows. These be
floodway
disfl4ef
obsfrttef uses, shall perffiiffed w4hin fhe
fo fhe
drainage ., or any ofher drainage fiteilifies, of.and no ttse
shall adversely affeef fhe qualify or quanfify of groundwafer runoff or fhe ttalify of fhe
.k._..a k
grazing, ottfdoor
law
frttek
g,
(2) indusfrial eoffiffiereial loading areas, parking areas, and airpoff landing
., sranges,
preserves, ga
and fishing areas, and single or ffittifiple purpose feereft'Llional ..
lawns, gardens,..
addifional fa a 7
b .
(2) The ttse shall nof ob-,frttef flood flows, or inerease flood ele-eafions, and shaR nof invol-ee
frttefttre., .�
(e) 6�nd#ffinal 14sesgenelwh�'. The following open spaee ttses whieh require only aeee.-,.-,o
,1,,30-194-47
sand, ` ..
(5) Sforage yard-, for , ffiaehinefy,
or eoffiffiereial or eondoffif'flittffi ,type
eaffipgrounds,
., dikes, and floodwalls,
where fh-t
., .,
., ..
ten-year 4C
addifional k,.._. ar 7
..
No sfrttefttre (feffiporafy or perffianeti�, fill (ineluding fill for roads and
fhis ..f: _1
ffiefhods.
`,
b. Dredge
be in
floodwa
spoil sifes, and sand and gra-eel
operafions, shaR nof allowed
fhe
s,
,
flood, bttf
has
regiona4
only after fhe eify eottneil
reeei-eed an appropriafe
plan whieh
b.
on—ifte storage of fill of
.. Whenever Possible,
, sfruefures,shall.
alfernati-ee, an lines a-, fhose of adjoining sfruefures.
s
s ,
s*,i age. All floodproofed s
sfandard. as
exferior n,
pressure,regttlaft)fy flood profeefief-i-de-eallLf'Oft Of properly floodproofed; and
less fhan one square ineh for evefy square foof of enelosed area sttbjeef fo iqoodilig. Th
huffian inferven-on lo open a garage door prior fo flooding will nof satisfy, f
a. The sforage or proeessing of ffiaferials fhaf are, in fiffie of flooding, flaffiffiable, explosive,
, or plaw life is prohibifed.
w4hin fhe fiffie available after a flood warning and in aeeordatiee wifh a plan approved by
fhe eify.
ss
eattse an
fnerease fo
fhe 400 year
or regional flood and fhe feehnieal analysis ffittsf assuffie
equal eonveyanee
s .
or sforage
*ftdset+toii9..4..
ele-eafion. These alfernati-ee ffiefhod-, ffiay inelude fhe ttse of sifilfs, pilings, parallel walls;
-. s
or !owe-,f floor if fhe enelosed area is abo-ee grade on af leasif One side of fhe
designed fo infernally flood and is eonsfruefed wifh flood resistant ffift'Lefials; and if is, tt
solely for parking of floor of an enelosed area -,ha]4 be eonsideved above grade and nof a sfruefure's, baseffiew
professionalregisfered
heafing,
, speeifieally,
all eleefi4eal,
-spaees
.
.
or fttek under garage-, ffittsf be designed
fo infernally flood and fhe .`
4. The
infernal
flooding is be
ffiiniffittffi area of openings,
floodproofing There
in fhe wall-, where
be
fo ttsed as a
least
feehnique.
-,frttefttre
shall a ffiiniffittffi of
boffoffi A
two attfOffiff'Re
openings, on af
be higher foo
sides of fhe and
The
fhe of openings,
have
shall
no fhan one
less,
abo-ee grade. attfoffiatfie
opetiftigs, shall a ffiiniffittffi
nef
area of nof fhan on-t
The
professional engineer or arehifeef
eerfifies fhaf a sffial4er
nef area
would sttffiee.
ry
s.
building eode, and ..
passage
6ridseaplifig,
landfills,
dredge
disposal
g,
sand and gra-vel
operafions,
roads,
spoil
o
is
ttriless, fhe eify
The be
enforeing
a sfafe
by
appro
ed shoreland ffiariageffierif
ordinartee,
plan ffittsf prepared
and eerfified
a regisfered
professional engineer
or ofhef
ems.
a. The sforage or .. g,iqaffiffiable,
explosive, .
area w4hin fhe fiffie available after a flood warning and in aeeordanee wifh a plart appr
period of tts, r oeettpaney of fhe -,frttefttre for tiffies, of flooding and only after
deferrnining fhaf adeqttafe flood warning fiffie and loeal flood effiergeney response
flood -eeloeities, greafer fhan four feef per seeond upon oeettrretiee of fhe regional flood,
g and
Cerfain
land
..
aeeessofy
ttses
,,
business
Fi# Fill be
be by
(4) shall properly
eoffipaefed and fhe
slopes, shall properly profeefed fh
The Federal Effiergene
..
The Federal Effiergeney
ele-eafion.
if
flood hazard
designation be
pf-eptalfallflolfa a ehange of
speeial area
will requesfed.
laferal
flofafion,
resisfs eollapse,
and
division, shall
division, shall
be reviewed by fhe planning ..
a�a�a�oa.ao�a•�uoasias aoaiasoaasos�oaasaesu�a�ss�ao�a.aaaa�a�ss�ao�aas.�o�a,��saos�a.waaaaaoasasaa,��msan
dredging,
., wafer supply and sanifary &eilitieg.
neeessary, in
seriousness of flood daffiage,
and of
feehnieal ffinffw
ttse in lafion fo fhe flood razz
T
-i
purposes, of fhis, division. Violafions, of stteh eondifions, and safeguards, when ffiade a pa
(4) The danger fo life and properfy dtte fo inereased iqo heights, or -eeloeifies, eattsed by
en
foaehffients.
..
..
area.
,
fhis
division.fhis
(2) L4ffif"Laft'WIS Oft
period of
,
., and
deed
.
dikes,
.
Sec. 30-1912-5. - Nonconforming structures and uses.
(a) A structure or the use of a structure or preffifses, occupancy of land which was lawful before
the passage or amendment of the ordinance from which this division is derived, but which is
not in conformity with the provisions of this division, may be continued subject to the
following conditions:
(1)
noneonforffiitT. Within the floodway, or where the floodwa`T has not been delineated, and
expansion or enlargement of uses or structures is prohibited.
(2)
g
,
. An`T addition, modification, rehabilitation,
repair, or alteration shall be in conformance with the provisions of this ordinance, shall not
increase the flood damage potential or increase the degree of obstruction to flood flows, and
where applicable, must be protected to the Regulatory Flood Protection Elevation (RFPE).
o€...s c+- o�ii. 301.....912-of 3q ..:l..:._for new sfruefures, depending upon whefher fhe
-. If an`T nonconforming structure is determined
to be substantiall`, damaged or substantiallyproved based on the procedures in Sec. 30-
1913,(c), it may not be reconstructed except in conformity with the provisions of this
division.
building preffiises, shall eonforffi fo fhi-, di-eision. The land de-eelopffielif -,fftff shall be
If an`T nonconforming use, or an`T use of a
nonconforming structure, is discontinued for more than ones, an`T future use of the
premises or structure must conform to this division.
,
,
ea t- of u.....:34 1-9.4 2-e)-f....:34 1-9 4 " , I . S , .V.,..0 fl fo-1-
(b) Standards -for and Alternations of Nonconforming Structures. In addition to the standards
identified in Sec. 30-1911(c), the following standards and procedures appl`, to additions,
modifications, rehabilitations, repairs, alterations, or maintenance of nonconforming structures:
1) All structures. including manufactured homes. must be elevated on fill so that the lowest
floor of the lowest enclosed area (including basement) is at or above the Regulatory Flood
Protection Elevation (RFPE). The finished fill elevation shall be at or above the elevation
associated with the base flood plus an)� stage increases that result from designation of a
floodway. Fill must extend at the same elevation at least 15 feet beyond the outside limits
of the structure. Elevations must be certified b)� a registered professional engineer, land
surve`Tor or other qualified person designated b`T the state commissioner.
(2) Electrical, heating, ventilation, ductwork, plumbing, and air conditioning equipment and
other service facilities are designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
(c) Substantiallorovement and Substantial Damage Determinations. Prior to issuing an)permits for
additions, modifications, rehabilitations, repairs, alterations, or maintenance to nonconforming
structures, the state commissioner is required to determine if such work constitutes substantial
improvement or repair of a substantially damaged structure. A determination must be made in
accordance with the following procedures:
(1) Estimate the market value of the structure. In the case of repairs, the market value of the
structure shall be the market value before the damage occurred and before any restoration
or repairs are made.
(2) Estimate the cost of the project. The property owner shall accommodate for inspection,
and furnish other documentation needed by the state commissioner to evaluate costs.
�q) Improvement costs shall be comprised of the market rate of all materials and labor,
as well as the costs of all ordinary maintenance and upkeep carried out over the past one
1?) Costs to repair damages shall be comprised of the market rate of all materials and
labor required to restore a building to its pre -damaged condition regardless of the work
proposed, as well as associated improvement costs if structure is being restored beyond its
pre -damaged condition.
(3) Compare the cost of the improvement, repairs, or combination thereof to the estimated
market value of the structure and determine whether the proposed work constitutes
substantial improvement or repair of a substantially damaged structure, as defined in Sec.
30-1861 of this division.
( Based on this determination, the state commissioner shall prepare a determination letter
and notifert`T owner accordingl`T. Structures determined to be substanti the roally
damaged or substantially improved may not be reconstructed except in conformity with
the provisions of this division.
(Code 1982,E 902.18; Ord. No. 11-05, � 25, 10-17-2011)
Secs. 30-1912--30-1930. Reserved.
drainage,inadequafe
wafer supply
or sewage..
shall.
be labeled
and
subdivision
fhe required
ele-eation of all
drawings, and plaffing
aeeess roads,
doettffietifs.
shaR
elearly
on all required
be investfgated
flood hazard
designafion will be requesifed,
speeial area
All publie wilifies, and
s stteh a-,`
1 1 •
AJa�l�uri �wnrtf� �a:.K: .A)s a: n?+:in�.�: a: �.r..� � •ul.i: � Fre��J.wn
Where
be designed
publie wilifies,
are nof provided,
on sife wafer
supply sysifeffis,
ffittsf
fo
.and new or replaeeffi
sewage
,
seefion .._
` ,
26
hoffie parks or on individual !of-, of reeord fhaf are loeafed in floodplain disfriefs, will b-t
3 ( 1--1..s: , ,
following
b. The reereafionA -eehiele sha4l be highway ready, ffieaning on wheel-, or fhe infernal jaekin
sysfeffihoffies will nof be allowed unfil fhe properfy owner de-eelops, a flood Warning effiergeffey
27
28
Stfikethfoughs to be removed
Underlines to be added
SECTION 4. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 4th day of December, 2023.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Last Updated Januaic= 2023
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Rhonda Herberg being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
per(s) known as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 11/25/2023 and the last
insertion being on 11/25/2023.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper, complies
with the conditions described in '§580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper(s
circulation is in the°latter couiAv.
Designated Agent
Subscribed and sworn to or affirmed before
me on 11/25/2023 by Rhonda Herberg.
.i
Notary Public
a pAR1.E�4E MANE MAC K*O"
f
NOiAHY PUBLIC MINNtESOT�
kly >✓pmmisslon EXI)im
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$999.99 per column inch
CITY OF ELK RIVER
NOTICE OF
PUBLIC HEARING
The City of Elk River City
Council will conduct a public
hearing on:
DATE: Date 4, 2023
TIME: 6:30 p.m.
LOCATION: Elk River City Hall
13065 Orono Parkway
Elk River, MN 55330
FOR: The DNR Simplified Model
Floodplain Ordinance.
REGARDING: Receive
comments regarding the DNR
Simplified Model Floodplain
Ordinance.
All interested parties are invited
to attend the public hearing to
express their questions, concerns,
and comments. For more detailed
information related to this
matter, call 763.635.4500 or visit
ElkRiverMN.goyagendas. Agendas
and other meeting material are
typically available the Friday before
meetings are scheduled to be held.
All interested persons are invited to
attend the public hearing.
Submit Comments:
EMAIL: rhaug@wsbeng.com
CALL: 763-QB-7475
Published in the
Star News
November 25, 2023
1356599
Ad ID 1356599
MDEPARTMENT OF
NATURAL RESOURCES
November 27, 2023
The Honorable John Dietz
Mayor, City of Elk River
13065 Orono Parkway
Elk River, MN 55330
CONDITIONAL STATE APPROVAL OF FLOODPLAIN ORDINANCE & REQUIRED NEXT STEPS
Dear Mayor Dietz,
On behalf of the Department of Natural Resources (DNR), I am writing to conditionally approve the City of Elk
River's draft floodplain management ordinance.
We received a draft of the City's revised floodplain ordinance from Consulting Planner, Rebecca Haug on
November 20, 2023. This ordinance is being amended as part of a general update, and to adopt a variation of
the DNR's "simplified" model floodplain ordinance
In accordance with Minnesota Statutes, Section 103F.121, we find that the City's draft floodplain management
ordinance substantially complies with the state floodplain management rules (Minnesota Rules, parts 6120.5000
to 6120.6200) and, to the best of our knowledge, with the floodplain management standards of the Federal
Emergency Management Agency (FEMA), and hereby conditionally approve it.
We will provide final approval of the City's draft floodplain management ordinance and once the following
conditions have been met:
• Revise the definition of "flood fringe" as detailed in the attachment
• Submit the following materials to the DNR:
o one (1) copy each of the signed adopted ordinance addressing all of the comments noted
above,
o the affidavit of publication, and
o the completed "Ordinance Processing Checklist" (attached).
Please forward these documents via email to the DNR Floodplain Program email at floodplain.dnr@state.mn.us,
and copy the DNR's State NFIP Coordinator, Ceil Strauss at cei.strausscwsiate.mn.us. Upon receipt and
verification, we will send a final approval letter. Ms. Strauss will then transmit the ordinance and final approval
letter to our contacts at FEMA's Chicago Regional Office. Be advised that any future amendments of this
ordinance or change in the designation of flood prone areas require prior DNR approval. In addition, you are
required to send copies of hearing notices and final decisions pertaining to variance, conditional uses, and
ordinance amendments to this agency. Please email these notices to Ceil Strauss. Should you have any questions
on this ordinance or related matters, please contact Ms. Strauss via email or at (651) 259-5713.
Minnesota Department of Natural Resources • Division of Ecological and Water Resources
500 Lafayette Road, Box 25, Saint Paul, MN 55155-4025
While our office in St. Paul will continue to be the main contact for the floodplain ordinance update, your DNR
Area Hydrologist will continue to be your main contact for day-to-day assistance with administering your
floodplain management ordinance and questions about other DNR water -related programs and permits. Your
Area Hydrologist is James Bedell, who can be contacted at (320) 726-0978 or
The DNR greatly appreciates your community's cooperation and initiative in providing for the reduction of flood
damages through the adoption and administration of this ordinance.
Sincerely,
Randall
Doneen moo "27 °2°59
Randall Doneen
Section Manager
Attachments: Draft Ordinance with DNR Edits
Ordinance Processing Checklist
Rebecca Haug, Sr. Project Manager— WSB Engineering
Suzanne Fischer, Environmental Services Director — City of Elk River
Dan Lais, DNR EWR Regional Manager
Tim Crocker, DNR EWR District Manager
James Bedell, Area Hydrologist
Ceil Strauss, DNR State Floodplain Manager/NFIP Coordinator
floodplain.dnr@state.mn.us
City of
Elk
River
Councilmember introduced the following resolution and moved its
adoption:
Resolution 23-
A Resolution of the City of Elk River Approving Notice of Summary
Publication of Ordinance #23- An Ordinance of Floodplain Management
WHEREAS, on Dec 4, 2023, the Elk River City Council adopted Ordinance 23-
amending Sections 30-1861 through Sections 30-1912, of the Elk River Code of Ordinances;
and
WHEREAS, this model floodplain ordinance is simplified because it includes only one
floodplain district; and
WHEREAS, this ordinance is intended for communities that have little or no structures
within the floodplain; and
WHEREAS, local governments have been encouraged to work with the DNR to tailor the
language for our community; and
WHEREAS, this ordinance prohibits new building within the floodplain, but reasonably
accommodates for other common types of development; and
WHEREAS, a copy of the full text of the ordinance is available for inspection by any
person at the office of the Elk River City Clerk, 13065 Orono Parkway, during regular
business hours; and
NOW, THEREFORE, BE IT RESOLVED by the City Council, by at least four -fifths
vote, authorizes the publication of the title and summary of Ordinance 23-.
The motion for adoption of the foregoing resolution was duly seconded by Councilmember
, and upon vote being taken thereon, the following voted in favor thereof:
and the following against: , whereupon said
resolution was declared duly passed and adopted.
The following members were present:
and the following absent:
Passed and adopted this 4th day of December 2023.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
i