HomeMy WebLinkAbout05(G) - Consider Adoption of an Ordinance 121- 01 Repealing Section 1105 of the Prior Lake City Code and Replacing it with Section 1131 Relating to Floodplains ReportRESOLUTION 21- 011
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 121- 01 AND ORDERING THE PUBLICATION OF SAID SUMMARY
Motion By:
Second By:
WHEREAS,
On January 19, 2021, the City Council adopted Ordinance No. 121- 01repealing Section 1105 (Floodplains) of the Prior Lake City Code and replacing it with Section 1131; and
WHEREAS,
Minnesota Statutes requires publication of an Ordinance in the official newspaper before it becomes effective; and
WHEREAS,
Minnesota Statutes also allows the publication of a summary of an ordinance if the Council finds that the summary is an accurate representation of the Ordinance; and
WHEREAS,
The City Council desires to publish a summary of Section 1131 of the Prior Lake City Code and has determined the publication of a summary of this ordinance will meet the intent of the
statute.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows:
The recitals set forth above are incorporated herein.
Ordinance No. 121- 01 is lengthy.
The text of summary of Ordinance No. 121- 01, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance
will clearly inform the public of the intent and effect of the Ordinance.
The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type.
A complete text of the newly amended City Code will be available for inspection at City Hall or in the Document Center on the City of Prior Lake Website after January 19, 2021.
Passed and adopted by the Prior Lake City Council this 19th day of January 2021.
VOTE
Briggs
Thompson
Burkart
Braid
Churchill
Aye
☐☐
☐☐
☐Nay☐☐☐
☐☐
Abstain☐☐☐☐☐
Absent☐
☐☐
☐☐
______________________________
Jason Wedel, City Manager
Exhibit A
SUMMARY ORDINANCE NO. 121-01
CITY OF PRIOR LAKE
ORDINANCE NO. 121-01
AN ORDINANCE REPEALING SECTION 1105 OF THE PRIOR LAKE CITY CODE AND RELACING IT WITH SECTION 1131 RELATING TO FLOODPLAINS AND ADOPTING BY REFERENCE CITY CODE SECTION 104; WHICH, AMONG
OTHER THINGS, CONTAINS PENALTY PROVISIONS.
The following is only a summary of Ordinance No. 121-01. The full text will be available for public inspection after January 19, 2021 by any person during regular office hours at City
Hall or in the Document Center on the City of Prior Lake Website.
SUMMARY: The Ordinance deletes Section 1105 (Floodplains) of the Prior Lake City Code and replaces it with Section 1131. The Floodplain ordinance is in accordance with Federal standards
for floodplain management and participation in the National Flood Insurance Program (NFIP).
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 19th day of January 2021.
ATTEST:
_________________________ __________________________
Jason Wedel, City Manager Kirt Briggs, Mayor
Summary published in the Prior Lake American on the 30th day of January 2021.
Section 1105 of the City Code (existing floodplain regulations) is proposed to be repealed and replaced with this proposed Section 1131.
SECTION 1131
FLOODPLAINS
Subsections
1131.100: Statutory Authorization, Findings of Fact, and Purpose
1131.200: General Provisions
1131.300: Establishment of Floodplain Districts
1131.400: Requirements for All Floodplain Districts
1131.500: Floodway District (FW)
1131.600: Flood Fringe District (FF)
1131.700: General Floodplain District (GF)
1131.800: Subdivision Standards
1131.900: Utilities, Railroads, Roads, and Bridges
1131.1000: Manufactured Homes and Recreational Vehicles
1131.1100: Administration
1131.1200: Nonconformities
1131.1300: Violations and Penalties
1131.1400: Amendments
1131.100: Statutory Authorization, Findings of Fact, and Purpose:
1131.101: Statutory Authorization. This floodplain ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F; Minnesota Rules, Parts
6120.5000-6120.6200; the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations, Parts 59-78; and the planning and zoning enabling legislation
in Minnesota Statutes, Chapter 462.
1131.102: Purpose.
This ordinance regulates development in the flood hazard areas of the City. These flood hazard areas are subject to periodic inundation, which may result in loss of life and 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. It is
the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions.
This ordinance is adopted to maintain the community’s eligibility in the National Flood Insurance Program.
This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains 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.
1131.200: General Provisions:
1131.201: Lands to Which Ordinance Applies. This ordinance applies to all lands within the jurisdiction of the City within the boundaries of the Floodway, Flood Fringe, and General
Floodplain Districts and further detailed in Sections 1131.202 and 1131.301.
The Floodway, Flood Fringe or General Floodplain Districts are overlay districts superimposed on all existing zoning districts. The standards imposed in the overlay districts are in
addition to any other requirements in this ordinance. In case of a conflict, the more restrictive standards will apply.
Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field conditions, the base flood elevations shall be the governing factor
in locating the outer boundaries of the 1-percent annual chance floodplain.
The regulatory limits of the district boundaries shall be further extended outward based on the horizontal extension of the regulatory flood protection elevation (RFPE), defined in
Section 1131.206.
Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning Commission and to submit technical evidence.
1131.202: Incorporation of Maps by Reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning
Map and this ordinance. The attached material includes the Flood Insurance Study for Scott County, Minnesota, and Incorporated Areas, dated February 12, 2021, and the Flood Insurance
Rate map panels enumerated below, dated February 12, 2021, all prepared by the Federal Emergency Management Agency. These materials are on file at City Hall.
27139C0134E
27139C0153E
27139C0158E
27139C0043E
27139C0154E
27139C0159E
27139C0044E
27139C0156E
reserved
27139C0152E
27139C0157E
reserved
1131.203: Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However,
where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of
the inconsistency only.
1131.204: Warning and Disclaimer of Liability. This ordinance 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 ordinance does not create liability on the part of
the City or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.
1131.205: Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall
not be affected and shall remain in full force.
1131.206: Definitions. Unless specifically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its
most reasonable application. If any of the following terms are also defined elsewhere in the City Code, the following definitions govern for floodplain related matters.
Accessory Use or Structure – a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
Base Flood – the flood having a 1-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 or 1-percent annual chance flood. The term “base flood elevation” is used in the flood insurance study.
Basement – any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground
level.
Conditional Use – a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions
or restrictions as provided in the official zoning controls or building codes and upon a finding that:
Certain conditions as detailed in the Zoning Ordinance exist, and
The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood.
Critical Facilities – facilities necessary to a community’s public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that
house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities,
nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities.
Development – any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations,
or storage of equipment or materials.
Equal Degree of Encroachment – a method of determining the location
of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
Farm Fence – An open type of fence of posts and horizontally run wire, further defined by Minnesota Statutes, Section 344.02, Subd. 1(a-d), and is not considered to be a structure under
this ordinance. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this ordinance.
Flood – a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry area.
Flood Frequency – the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
Flood Fringe – the portion of the 1-percent annual chance floodplain located outside of the floodway. Flood fringe is synonymous with the term “floodway fringe” used in the Flood Insurance
Study.
Flood Insurance Rate Map – An official map on which the Federal Insurance Administrator has delineated both the special 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 (DFIRM).
Flood Insurance Study – The study referenced in Section 1131.202, which is an examination, evaluation and determination of flood hazards, and if appropriate, corresponding surface elevations,
or an examination, evaluation, and determination of mudslide (i.e. mudflow) and/or flood-related erosion hazards.
Flood Prone Area – any land susceptible to being inundated by water from any source.
Floodplain – the beds and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the base flood.
Floodproofing – a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood
damages.
Floodway – the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the base flood
discharge.
Lowest Floor – the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access,
or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of
the
applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3.
Manufactured Home – a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached
to the required utilities. The term “manufactured home” does not include the term “recreational vehicle.”
New Construction – Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date
of this ordinance.
Obstruction – any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure,
or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself
or by catching or collecting debris carried by such water.
Principal Use or Structure – all uses or structures that are not accessory uses or structures.
Reach – a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream
or river between two consecutive bridge crossings would most typically constitute a reach.
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 by a light 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. For the purposes of this ordinance, the term recreational vehicle is synonymous with the term “travel trailer/travel vehicle.”
Regulatory Flood Protection Elevation (RFPE) – an elevation not less than 1 foot above the elevation of the base flood.
Repetitive Loss – Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event
on the average equals or exceeds 25 percent of the market value of the structure before the damage occurred.
Special Flood Hazard Area – a term used for flood insurance purposes, and synonymous with the term base flood or 1-percent annual chance floodplain.
Start of Construction – includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement
that occurred before the permit’s expiration date. The actual start is either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or
the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Structure – anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages,
cabins, decks manufactured homes, recreational vehicles not considered travel ready as detailed in Section 1131.1002 (Subp. 2) of this ordinance and other similar items.
Substantial Damage – means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of
the market value of the structure before the damage occurred.
Substantial Improvement – within any consecutive 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:
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 local code
enforcement official and which are the minimum necessary to assure safe living conditions, or
Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” For the purpose of this ordinance,
“historic structure” is as defined in 44 Code of Federal Regulations, Part 59.1.
1131.207: Annexations. The Flood Insurance Rate Map panels adopted by reference into Section 1131.202 above may include floodplain areas that lie outside of the corporate boundaries
of the City at the time of adoption of this ordinance. 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.
1131.300: Establishment of Floodplain Districts:
1131.301: Districts.
Floodway District. Those areas within Zones AE delineated within floodway areas as shown on the Flood Insurance Rate Maps adopted in Section 1131.202.
Flood Fringe District. Those areas within Zones AE on the Flood Insurance Rate Map and Flood Boundary and Floodway Maps adopted in Section 1131.202 but located outside of the floodway.
General Floodplain District. Those areas within Zone A and AE areas that do not have a floodway delineated as shown on the Flood Insurance Rate Maps adopted in Section 1131.202.
1131.302: Applicability. Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Sections 1131.500 or 1131.600 will apply, depending on the
location of a property. Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district and
the standards in Section 1131.700 will apply.
1131.400: Requirements for All Floodplain Districts:
1131.401: Permit Required. A permit must be obtained from the Zoning Administrator to verify if a development meets all applicable standards outlined in this ordinance prior to conducting
the following activities:
The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. 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 this ordinance.
The construction of a dam, on-site septic system, or any fence not meeting the definition of a farm fence outlined in Section 1131.206 of this ordinance.
The change or extension of a nonconforming use.
The repair of a structure that has been damaged by flood, fire, tornado, or any other source.
The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.
Relocation or alteration of a watercourse (including stabilization projects or the construction of new or replacement culverts and bridges), unless a public waters work permit has been
obtained from the Department of Natural Resources.
Any other type of “development” as defined in this ordinance.
1131.402: Minimum Development Standards. All new development must be:
Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy.
Constructed with materials and equipment resistant to flood damage.
Constructed by methods and practices that minimize flood damage.
Constructed with electrical, heating, ventilation, ductwork, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of flooding.
Reasonably safe from flooding and consistent with the need to minimize flood damage within the flood-prone area.
Assured to provide adequate drainage to reduce exposure to flood hazards.
1131.403: Hydraulic Capacity. Floodplain developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage
system.
1131.404: Materials Storage. Materials that, in time of flooding, are buoyant, flammable, explosive, or could be injurious to human, animal, or plant life shall be stored at or above
the flood protection elevation, floodproofed, or protected by structural measures consistent with the standards set forth herein. Furthermore, storage of materials likely to cause pollution
of the waters, as defined in Minnesota Statutes, Section 115.01, if subject to flooding are prohibited unless adequate safeguards approved by the state water pollution control agency
are provided.
1131.405: Critical Facilities Location. Critical Facilities, as defined in Section 1131.206, are to be located, so that the lowest floor is not less than 2 feet above the base flood
elevation, or the 0.2-percent annual chance flood elevation, whichever is higher.
1131.500: Floodway District (FW):
1131.501: Permitted Uses. The following uses, subject to the standards set forth in Section 1131.502, are permitted uses if otherwise allowed in the underlying zoning district or any
applicable overlay district:
General farming, pasture, grazing, farm fences, outdoor plant nurseries, horticulture, forestry, sod farming, and wild crop harvesting.
Loading areas, parking areas, streets, trails, airport landing strips, railroads, bridges, culverts, utility transmission lines and pipelines.
Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks,
wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas,
and single or multiple purpose recreational trails.
Residential yards, lawns, gardens, parking areas, and play areas, provided these uses do not include associated accessory structures.
Grading or land alterations associated with stabilization projects.
1131.502: Standards for Floodway Permitted Uses. In addition to the applicable standards outlined in Section 1131.402:
The use must have a low flood damage potential.
The use must not involve structures.
The use must not obstruct flood flows, or increase velocities, stages, or flood damages, as certified by a registered professional engineer.
Development that will change the course, current or cross section of protected wetlands or public waters is required to obtain a public waters work permit in accordance with Minnesota
Statutes, Section 103G.245 or a utility crossing license in accordance with Minnesota Statutes, Section 84.415, from the Department of Natural Resources, or demonstrate that no permit
is required, before applying for a local permit.
Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to
a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the base flood.
1131.503: Conditional Uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in Section 1131.1104 of this ordinance and further
subject to the standards set forth in Section 1131.504, if otherwise allowed in the underlying zoning district:
Structures accessory to primary uses listed in Section 1131.501 (Subp. 1-3) above and primary uses listed in Section 1131.503 (Subp.2-3) below.
Grading, extraction, fill and storage of soil, sand, gravel, and other materials for purposes other than stabilization projects.
Marinas, boat rentals, permanent docks, piers, wharves, water control structures, and navigational facilities.
Storage yards for equipment, machinery, or materials.
Fences that have the potential to obstruct flood flows.
Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event.
1131.504: Standards for Floodway Conditional Uses. In addition to the applicable standards outlined in Sections 1131.402, 1131.502, and 1131.1104:
Fill; Storage of Materials and Equipment:
Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by the use of mulches or similar materials, with permanent vegetative
cover established as soon as possible. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan.
Temporary placement of fill, other materials, or equipment that would cause an increase to the stage of the base flood may only be allowed if the City as approved a plan that assures
removal of the materials from the floodway based upon the flood warning time available.
Accessory Structures. Accessory structures, as identified in Section 1131.503 (Subp. 1), may be permitted, provided that:
Structures are not intended for human habitation.
Structures will have a low flood damage potential.
Structures will be constructed and placed so as to offer a minimal obstruction to the flow of flood waters.
Structures must be elevated on fill or structurally dry floodproofed and watertight to the regulatory flood protection elevation. Certifications consistent with Section 1131.1102 (Subp.
2) shall be required.
As an alternative, an accessory structure may be floodproofed in a way to accommodate internal flooding. To allow for the equalization of hydrostatic pressure, there shall be a minimum
of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than 1 foot above grade. The openings shall have a minimum net area of not less
than 1 square inch for every square foot of enclosed area subject to flooding, have a net area of not less than 1 square inch for every square foot of enclosed area subject to flooding,
and shall allow automatic entry and exit of floodwaters without human intervention. A floodproofing certification consistent with Section 1131.1102 (Subp. 2) shall be required.
A levee, dike or floodwall constructed in the floodway must not cause an increase to the base flood. The technical analysis must assume equal conveyance or storage loss on both sides
of a stream.
1131.600: Flood Fringe District (FF):
1131.601: Permitted Uses. Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Sections 6.2.
1131.602: Standards for Flood Fringe Permitted Uses. In addition to the applicable standards outlined in Section 1131.402:
All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation (RFPE). The finished
fill elevation for structures must be no lower than 1 foot below the regulatory flood protection elevation
(RFPE). Fill for residential structures must extend at the same elevation at least 15 feet beyond the outside limits of the structure. Elevations must be certified by a registered professional
engineer, land surveyor or other qualified person designated by the community.
Accessory Structures. As an alternative to the fill requirements of Section 1131.602 (Subp. 1), any enclosed structures accessory to the uses identified in Section 1131.601 must meet
the following provisions:
Accessory structures shall constitute a minimal investment not to exceed 576 square feet in size, and only be used for parking and storage.
Accessory structures must allow for the equalization of hydrostatic pressure by accommodating for the inundation of floodwaters. There shall be a minimum of two openings on at least
two sides of the structure and the bottom of all openings shall be no higher than 1 foot above grade. The openings shall have a minimum net area of not less than 1 square inch for every
square foot of enclosed area subject to flooding and shall allow automatic entry and exit of floodwaters without human intervention.
The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards unless the fill is specifically intended to elevate a structure in accordance with
Section 1131.602 (Subp. 1) of this ordinance.
All fill must be properly compacted, and the slopes must be properly protected by the use of riprap, vegetative cover, or other acceptable method.
All new principal structures must have vehicular access at or above an elevation not more than 2 feet below the regulatory flood protection elevation, or must have a flood warning /emergency
evacuation plan acceptable to the City.
Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees
or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in
feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the base flood.
Manufactured homes and recreational vehicles must also meet the standards of Section 1131.1000 of this ordinance.
1131.603: Conditional Uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in Section 1131.1104 of this ordinance and further
subject to the standards set forth in Section 1131.604, if otherwise allowed in the underlying zoning district(s):
The placement of floodproofed nonresidential basements below the
regulatory flood protection elevation.
The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Section 1131.602 (Subp. 2) of this ordinance.
The use of methods other than fill to elevate structures above the regulatory flood protection elevation. This includes the use of: stilts, pilings, filled stem walls, or above-grade,
internally flooded enclosed areas such as crawl spaces or tuck under garages, meeting the standards in Section 1131.604 (Subp. 5).
1131.604: Standards for Flood Fringe Conditional Uses. In addition to the applicable standards outlined in Sections 1131.402, 1131.602, and 1131.1104:
The standards for permitted uses in the flood fringe, listed in Sections 1131.602 (Subp. 1) through 1131.602 (Subp. 7), apply to all conditional uses.
Residential basements, as defined in Section 1131.206, are not allowed below the RFPE.
All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be structurally dry floodproofed, which requires making
the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the
effects of buoyancy. A floodproofing certification consistent with Section 1131.1102 (Subp. 2) shall be required.
The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation)
must comply with an approved erosion/sedimentation control plan.
The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the base flood event.
The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City.
The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.
Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of
an enclosed area shall be considered above-grade and not a structure’s basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is
designed to internally flood; and 3) it is used solely for parking of vehicles, building access or storage. These alternative elevation methods are subject to the following additional
standards:
Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and include a minimum of
two openings on at least two sides of the structure. The bottom of all openings shall be no higher than 1 foot above grade, and have a minimum net area of not less than 1 square inch
for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice.
Floodproofing certifications consistent with Section 1131.1102 (Subp. 2) shall be required. The structure shall be subject to a deed-restricted nonconversion agreement with the issuance
of any permit.
1131.700: General Floodplain District (GF):
1131.701: Permitted Uses.
The uses listed in Section 1131.500 of this ordinance, Floodway District, are allowed with a permit.
All other uses are subject to the floodway/flood fringe evaluation criteria specified in Section 1131.702 below. Section 1131.500 applies if the proposed use is determined to be in
the Floodway District. Section 1131.600 applies if the proposed use is determined to be in the Flood Fringe District.
1131.702: Procedures for Determining Floodway Boundaries and Base Flood Elevations.
Requirements for Detailed Studies. Developments greater than 50 lots or 5 acres, or as requested by the zoning administrator, shall be subject to a detailed study to determine the regulatory
flood protection elevation and the limits of the Floodway District. The determination of the floodway and flood fringe must be consistent with accepted hydrological and hydraulic engineering
standards, and must include the following components, as applicable:
Estimate the peak discharge of the base flood.
Calculate the water surface profile of the base flood based upon a hydraulic analysis of the stream channel and overbank areas.
Compute the floodway necessary to convey or store the base flood without increasing flood stages more than 0.5 foot. A stage increase less than 0.5 foot is required if, as a result of
the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries,
unless development or geographic features warrant other analysis, as approved by the Department of Natural Resources.
Alternative Methods. For areas where a detailed study is not available or required, the base flood elevation must be determined using best available data. Until a floodway determination
can be completed, the entire floodplain must be treated as floodway, with allowable activities restricted to those identified in Sections 1131.501 and 1131.503.
Development allowed in floodways (e.g. bridges, culverts, grading, filling, stabilization projects) must not cumulatively increase flood stages more than 0.5 foot during a base flood
event, as determined by
a professional engineer or by using accepted engineering practices approved by the Department of Natural Resources. A stage increase less than 0.5 foot must be used if increased flood
damages would result.
Development prohibited in floodways (e.g. buildings) require a floodway/flood fringe determination to verify the development is within the flood fringe. The floodway/flood fringe determination
must be done by a professional engineer or utilize other accepted engineering practices approved by the Department of Natural Resources. Any such proposal must assume a 0.5 foot stage
increase for the purposes of determining the regulatory flood protection elevation to accommodate for future cumulative impacts.
For areas in and along lakes, wetlands, and other basins that are not affected by velocities, where the floodway has not been determined, an alternative to (a) and (b) is:
All areas that are at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, Subd. 14 will be considered floodway, and all areas below the base flood
elevation but above the ordinary high water level will be considered flood fringe, provided that within 25 feet of the ordinary high water level, or within the Shore Impact Zone as identified
in the community’s Shoreland ordinance, whichever distance is greater, land alterations shall be restricted to:
The minimum required to accommodate beach and access areas, and accessory structures as permitted, not to exceed a volume greater than 10 cubic yards; projects involving volumes exceeding
10 cubic yards require engineering analysis as provided in (a) and (b) above, whichever is applicable; and
The minimum required to accommodate shoreline stabilization projects to correct an identified erosion problem as identified by the City.
The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment
must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from an engineer or other expert person, or agency, including
the Department of Natural Resources.
Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of
Section 1131.500 and 1131.600 of this ordinance.
1131.800: Subdivision Standards:
1131.801: Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home
parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance.
All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation.
All subdivisions must have road access both to the subdivision and to the individual building sites no lower than 2 feet below the regulatory flood protection elevation, unless a flood
warning emergency plan for the safe evacuation of all vehicles and people during the base flood has been approved by the City. The plan must be prepared by a registered engineer or other
qualified individual and must demonstrate that adequate time and personnel exist to carry out the evacuation.
For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must
be clearly labeled on all required subdivision drawings and platting documents.
In the General Floodplain District, applicants must provide the information required in Section 1131.702 of this ordinance to determine the base flood elevation, the Floodway and Flood
Fringe District boundaries and the regulatory flood protection elevation for the subdivision site.
1131.900: Utilities, Railroads, Roads, and Bridges:
1131.901: Utilities. All utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be elevated to the regulatory flood protection
elevation (RFPE) or located and constructed to minimize or eliminate flood damage.
1131.902: Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the floodplain must comply with Sections 1131.500 and 1131.600 of this ordinance.
These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health
or safety or where such facilities are essential to the orderly functioning of the area. 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 safety.
1131.903: On-Site Water Supply and Sewage Treatment Systems. Where public utilities are not provided:
On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules, Part 4725.4350,
as amended; and.
New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood
waters, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules, Part 7080.2270, as amended.
1131.1000: Manufactured Homes and Recreational Vehicles:
1131.1001: Manufactured Homes. Manufactured homes and manufactured home parks are subject to applicable standards for each floodplain district. In addition:
New and replacement manufactured homes must be elevated in compliance with Section 1131.600 of this ordinance and must be securely anchored to a system that resists flotation, collapse
and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state
or local anchoring requirements for resisting wind forces.
New manufactured home parks and expansions to existing manufactured home parks must meet the appropriate standards for subdivisions in Section 1131.800 of this ordinance. New or replacement
manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in Section 1131.801 (Subp. 2) of this ordinance.
1131.1002: Recreational Vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain
district. Recreational vehicles placed in existing recreational vehicle parks, campgrounds, or lots of record in the floodplain must either:
Meet the requirements for manufactured homes in Section 1131.1001, or
Be travel ready, meeting the following criteria:
The vehicle must have a current license required for highway use.
The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational
vehicle parks.
No permanent structural type additions may be attached to the vehicle.
Accessory structures may be permitted in the Flood Fringe District, provided that they constitute a minimal investment, do not hinder the removal of the vehicle should flooding occur,
and meet the standards outlined in Sections 1131.402 and 1131.602 (Subp. 2).
1131.1100: Administration:
1131.1101: Duties. A Zoning Administrator or other official must administer and enforce this ordinance.
1131.1102: Permit Application Requirements.
Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following
as applicable:
A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an
influence on the permit.
Location of fill or storage of materials in relation to the stream channel.
Copies of any required municipal, county, state or federal permits or approvals.
Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application.
Certification. The applicant is 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 ordinance. Floodproofing measures must be certified by a registered professional engineer or registered
architect as being in compliance with applicable floodproofing standards in in the State Building Code. Accessory structures designed in accordance with Section 1131.602 (Subp. 2) of
this ordinance are exempt from certification, provided sufficient assurances are documented. A registered professional engineer is required to certify that any development in established
floodways must not cause any increase in flood elevations, and development in the general floodplain district will not cumulatively increase flood stages more than 0.5 foot, or less
if increased damages would result.
Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance
has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance.
Recordkeeping of Certifications and As-Built Documentation. The Zoning Administrator must maintain records in perpetuity documenting:
All certifications referenced in Section 1131.1102 (Subp. 2) of this ordinance as applicable.
Elevations complying with Section 1131.602 (Subp. 1) of this ordinance. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations to structures
are constructed or floodproofed.
Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant
has applied for a permit to work in public waters pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted
to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).
Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six months after the date such supporting information
becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data.
1131.1103: Variances.
Variance Applications. An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable State Statutes and Section 1108
of the Zoning Ordinance.
Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed 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.
Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:
Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
Variances may only be issued by a community 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; and
a determination that 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 existing local laws or ordinances.
Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Flood Insurance Notice. The Zoning Administrator must 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 for $100 of insurance
coverage; and
Such construction below the base flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions.
General Considerations. The community may consider the following variables, and consider imposing conditions on variances and conditional uses:
The potential danger to life and property due to increased flood heights or velocities caused by encroachments.
The danger that materials may be swept onto other lands or downstream to the injury of others.
The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions.
The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner.
The importance of the services to be provided by the proposed use to the community.
The requirements of the facility for a waterfront location.
The availability of viable alternative locations for the proposed use that are not subject to flooding.
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area.
The safety of access to the property in times of flood for ordinary and emergency vehicles.
The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.
Submittal of Hearing Notices to the Department of Natural Resources. The Zoning Administrator must submit hearing notices for proposed variances to the Department of Natural Resources
sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective area hydrologist.
Submittal of Final Decisions to the Department of Natural Resources. A copy of all decisions granting variances must be forwarded to the Department of Natural Resources within ten
days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective area hydrologist.
Record-Keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or
biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency.
1131.1104: Conditional Uses.
Administrative Review. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section 1108 of the Zoning
Ordinance.
Factors Used in Decision-Making. In passing upon conditional use applications, the City must consider all relevant factors specified in other sections of this ordinance, and those factors
identified in Section 1131.1103 (Subp. 5) of this ordinance.
Conditions Attached to Conditional Use Permits. In addition to the standards identified in Sections 1131.504 and 1131.604, the City may attach such conditions to the granting of conditional
use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following:
Limitations on period of use, occupancy, and operation.
Imposition of operational controls, sureties, and deed restrictions.
Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
Submittal of Hearing Notices to the Department of Natural Resources. The
Zoning Administrator must submit hearing notices for proposed conditional uses to the Department of Natural Resources sufficiently in advance to provide at least ten days’ notice of
the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective area hydrologist.
Submittal of Final Decisions to the Department of Natural Resources. A copy of all decisions granting conditional uses must be forwarded to the Department of Natural Resources within
ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective area hydrologist.
1131.1200: Nonconformities:
1131.1201: Continuance of Nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with
the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 1131.206 (Subp. 32(b)) of this ordinance, are subject
to the provisions below:
A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood
flows except as provided in Section 1131.1201 (Subp. 2) below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited.
Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory
flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building
Code, except as further restricted in Section 1131.1201 (Subp. 4) below.
If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance.
If any structure experiences a substantial improvement as defined in this ordinance, then the entire structure must meet the standards of Section 1131.500 or 1131.600 of this ordinance
for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. If the proposed development, including maintenance and repair during
the previous 365 days, plus the costs of any previous alterations and additions since the first Flood Insurance Rate Map exceeds 50 percent of the market value of any nonconforming structure,
the entire structure must meet the standards of Section 1131.500 or 1131.600 of this ordinance.
If any nonconformity is substantially damaged, as defined in this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions
for establishing new uses or new structures in Sections 1131.500 or 1131.600 will apply depending upon
whether the use or structure is in the Floodway or Flood Fringe, respectively.
If any nonconforming use or structure experiences a repetitive loss, as defined in Section 1131.206 (Subp. 28) of this ordinance, it shall be considered substantially damaged and must
not be reconstructed except in conformity with the provisions of this ordinance.
1131.1300: Violations and Penalties:
1131.1301: Violation Constitutes a Misdemeanor. Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and
safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law.
1131.1302: Other Lawful Action. Nothing in this ordinance restricts the City from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible
party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this
ordinance and will be prosecuted accordingly.
1131.1303: Enforcement. Violations of the provisions of this ordinance will be investigated and resolved in accordance with the provisions of Section 1109 of the Zoning Ordinance. In
responding to a suspected ordinance violation, the City 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 availability to the guilty party. The City must
act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance
Program.
1131.1400: Amendments:
1131.1401: Floodplain Designation – Restrictions on Removal. The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that
the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain.
Special exceptions to this rule may be permitted by the Department of Natural Resources if it is determined that, through other measures, lands are adequately protected for the intended
use.
1131.1402: Required Approval. All amendments to this ordinance must be submitted to and approved by the Department of Natural Resources prior to adoption.
1131.1403: Map Revisions Require Ordinance Amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to
the floodplain maps adopted in Section 1131.202 of this ordinance.
EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and
approval and publication, as required by law and/or charter.
Minnesota Department of Natural Resources • Division of Ecological and Water Resources
500 Lafayette Road, Box 25, Saint Paul, MN 55155-4025
November 23, 2020
The Honorable Kirt Briggs
Mayor, City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372-1714
CONDITIONAL STATE APPROVAL OF FLOODPLAIN ORDINANCE & REQUIRED NEXT STEPS
Dear Mayor Briggs,
On behalf of the Department of Natural Resources (DNR), I am writing to conditionally approve the City of Prior
Lake’s draft floodplain management ordinance.
We received a draft of the city’s floodplain management ordinance via email on November 19, 2020 from Water
Resources Engineer, Pete Young. The ordinance is being amended to incorporate the “Flood Insurance Study,
Scott County, Minnesota and Incorporated Areas,” and the accompanying Flood Insurance Rate Map panels with
an effective date of February 12, 2021.
We will provide final approval of the city’s draft ordinance once the following conditions have been met:
• Make the following edits:
o Edit Section 1131.202 to reference the new Flood Insurance Study and Flood Insurance Rate
Map Panels to be effective on February 12. 2021;
o Edit Section 1131.301 to remove reference to the Flood Boundary and Floodway Maps. After
February 12, 2021, that will be an outdated term;
o Edit Sections 1131.1103(1) and 1131.1104(1) to reference other sections of your ordinance as
appropriate.
• Submit the following materials to the DNR no later than February 10, 2021:
o one (1) copy each of the adopted ordinance incorporating the edits noted above (signed and
stamped with the community seal),
o the affidavit of publication, and
o the completed “Ordinance Certification Checklist” (enclosed).
Please forward the documents listed above to Ceil Strauss, the DNR’s State NFIP Coordinator in St. Paul via
email. Upon receipt and verification, Ms. Strauss will transmit a copy of these materials to Mr. Frank Shockey at
FEMA’s Chicago Regional Office.
Please remember, FEMA must receive a signed, certified, and effective ordinance no later than February 12,
2021. To allow sufficient time for processing and transmittal, we request that you submit the materials noted
above to the DNR no later than February 10, 2021. If FEMA has not received the documentation by the map
effective date, FEMA will suspend the City from the National Flood Insurance Program.
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 variances, conditional uses, and ordinance amendments to this agency. Those notices may also be
sent to State NFIP Coordinator Ceil Strauss at the address below. Should you have any questions on this
ordinance or related matters, please contact Ms. Strauss at (651) 259-5713 or ceil.strauss@state.mn.us.
While our office in St. Paul will continue to be the main contact for the 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 Taylor Huinker, who can be contacted at (651) 259-5790, or Taylor.Huinker@state.mn.us.
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,
Jennifer Shillcox
Land Use Unit Supervisor
Enclosures: Ordinance Processing Checklist
Draft Ordinance with DNR edits
ec: Pete Young, Water Resources Engineer – City of Prior Lake
Dan Lais, DNR Eco-Waters’ Regional Manager
Jeanne Daniels, DNR Eco-Waters’ District Manager
Jack Gleason, DNR Eco-Waters’ South District Supervisor
Taylor Huinker, Area Hydrologist
Ceil Strauss, DNR NFIP Coordinator