Permit Required
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Permits are required for activities including but not
limited to the placement of structures and additions,
removal of certain vegetation, earthmoving, shoreland
alteration, the installation and/or alteration of sewage
treatment systems.
Accessory Building, Residential
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Minimum Lake Lot Size & Setback Requirements
from Ordinary High Water Level
Lake
Classification
Natural
Environment
Recreational
Development
General
Development
Lot Width (feet)
200
150
100
Lot Area (sq. ft.)
80,000
40,000
30,000
Buildable Area
(sq. ft.)
Structure Setback
(feet)
Shore Impact
Zone #1
Shore Impact
Zone #2
Septic System
(feet)
40,000
16,000
12,000
150
100
75
OHW to
75 feet
76 feet to
150 feet
150
OHW to
50 feet
51 feet to
100 feet
75
OHW to
37.5 feet
37.6 feet to
75 feet
50
Minimum River Lot Size & Setback Requirements
from Ordinary High Water Level
River
Classification
Remote
Lot Width (feet)
Forested
Tributary
300
200
150
Lot Area (sq. ft.)
100,000
60,000
40,000
Buildable Area
(sq. ft.)
Structure Setback
(feet)
Shore Impact
Zone #1
Shore Impact
Zone #2
Septic System
(feet)
30,000
18,000
18,000
200
150
100
OHW to
100 feet
101 feet to
200 feet
150
OHW to
75 feet
76 feet to
150 feet
100
OHW to
50 feet
51 feet to
100 feet
75
No permit required for accessory structures of 150 sq. ft.
or less (maximum of two acc. structures)
No human habitation.
MAXIMUM ACCESSORY STRUCTURE SIZE
RIPARIAN LOTS
Lot Size*
Maximum Accessory
Sidewall
(Acres)
Building Area
Height
0-.49
900 square feet
10 feet
.50-.99
1200 square feet
10 feet
1-1.49
1500 square feet
12 feet
1.5-1.99
1800 square feet
14 feet
2-4.99
2400 square feet
14 feet
5.0 or greater
Unlimited Size.
*Only land above the OHW shall be used to calculate lot size.
MAXIMUM ACCESSORY STRUCTURE SIZE
NON-RIPARIAN LOTS
Lot Size*
Maximum Accessory
Sidewall
(Acres)
Building Area
Height
0-.49
1200 square feet
10 feet
.50-.99
1500 square feet
10 feet
1-1.49
1800 square feet
12 feet
1.5-1.99
2400 square feet
14 feet
2.0 or greater
Unlimited Size.
*Only land above the OHW shall be used to calculate lot size.
Bluffs
A topographic feature such as a hill, cliff, or embankment
having the following characteristics:
1. Part or all of the feature is located in a shoreland area;
2. The slope rises at least 25 feet or more above the
OHW;
3. The grade of the slope from the toe of the bluff to a
point 25 feet or more above the OHW averages 30%
or greater; and
4. The slope must drain toward the waterbody.
The structural setback from the top of a bluff is 30 feet.
Structures and accessory facilities, except stairways and
landings, shall not be placed within the bluff impact zone.
Tree or shrub removal is prohibited except for an 8 foot area
to accommodate the placement of stairways, landings, or
access paths. Pruning of trees is allowed to provide a view
to the water from the principal dwelling site.
No earthmoving except in conjunction with the placement of
stairways, landings, or access paths.
No walkout basements in bluff zones.
*This is only a partial summary of the Shoreland Section of the Cass County Land Use Ordinance. A copy of the entire Ordinance is
available from the Cass County Environmental Services Department or on our website at www.co.cass.mn.us .
Boathouses
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Boathouses constructed before 1991 may be maintained or
replaced with a permit provided that:
1. There must be no increase in size or aerial coverage;
2. It must not exceed ten feet in height, including a minimum
4:12 pitch roof;
3. It must be treated to reduce visibility as viewed from
public waters and adjacent shorelands by vegetation,
topography, or color, assuming summer leaf-on
conditions;
4. It must not be designed or used for human habitation.
Buildable Area
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The minimum required area remaining on a newly created
parcel of land or platted lot after all road easements and rightsof-way, setbacks, bluffs, and wetlands are subtracted.
Decks
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A permit is required for a deck.
All new decks must meet all structural setbacks.
On residential structures existing before 1972, decks that do
not meet setback requirements from Public waters may be
permitted. No variance would be required if all of the
following conditions can be met::
1.
The deck encroachment toward the OHW shall be
limited to 15% of the present structural setback or 16 feet
(whichever is less), but not result in a setback of less
than 40 feet from the OHW.
2. The deck is not roofed, screened, or enclosed.
3.
The total size of the nonconforming portion shall not
exceed 400 square feet.
Docks
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The landward end and projection of all docks must meet a 10
foot setback from the nearest lot line.
Must not block access from an adjacent property to open
water.
Docks shall be placed within permitted shoreland alteration
areas.
Elevation Certification
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The lowest floor elevation of any residence or addition,
including basement, shall be placed no lower than 3 feet above
the OHW, or at least 3 feet above the highest known water
level, whichever is higher.
Boundary Fences
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A permit is required for a fence.
Fences shall not exceed 6 feet in height.
All fences must meet structure setbacks from protected waters.
A 4 inch lot line and right-of-way setback is required.
No fence or wall shall be constructed so as to obstruct the view
for drivers exiting a driveway.
Harbors
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Excavations for new harbors or expansions of existing harbors
and related uses such as boat slips and canals requires a
conditional use permit, engineered construction and erosion
control plan, performance bond, and a DNR permit.
Harbors shall not be allowed in bluff zones or wetlands.
Placement of spoil material from an existing harbor requires a
shoreland alteration permit and a DNR maintenance permit.
Ice Ridges
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Annual ice ridges may be re-graded to their original
shoreline contour with a permit, provided no topsoil or
vegetative matter is deposited in the lake and the work is
completed by July 1 of the same year.
Historic ice ridges, those with well established vegetative
cover—one access with a maximum 14 foot bottom width
and 2:1 sideslopes is allowed. A berm at least 12 inches
high must be maintained to control upland runoff.
1. A silt fence between project area and lake/river is
required
2. A shoreland alteration permit is required.
Non-Conforming Lots and Uses
• Lots recorded before 1972 that do not meet the lot size
standards in the Land Use Ordinance shall be considered
buildable without a variance provided:
1. All setback requirements are met and the lot can
be developed without a variance
2. A site for a standard individual sewage treatment
system is identified.
• All legally established nonconforming uses may continue,
but will be managed according to applicable state statutes
and other regulations of the county
• Expansions to nonconforming uses may be permitted
providing the use of the property is not changed, the use is
permitted in that land use district, and sewage treatment
and setback requirements of this ordinance are met.
• A variance from setback requirements must be obtained
before any use, sewage treatment system, or building
permit is issued for a non-conforming lot.
• If, in a group of two or more contiguous lots in the same
ownership in the shoreland zone, any individual lot does
not meet the requirements of the Land Use Ordinance,
there may be restrictions on the sale or development of the
individual lots. Existing riparian lots on GD lakes meeting
all minimum standards as of the adoption of the ordinance
are exempt from this provision.
Additions to Non-Conforming Structures
• Primary residential structures on those lots of record
existing before 1972 may be expanded no more than 50
percent of the building footprint of the original structure,
provided the setback of the addition is not less than 50 feet
from any protected water of the State and does not reduce
the existing structure setback.
• The addition must be on the ground floor.
• The nonconforming portion of the structure shall not
exceed 1000 square feet in size.
• Vegetative screening shall be maintained. Shoreline
buffers must be completed.
• No expansions of nonconforming guest quarters are
allowed.
Platforms
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Not be more than one foot depth of excavation or elevated
more than one foot above natural ground level.
Shall be free standing and have no railings.
Maximum size of 150 square feet.
Must be placed at least 10 feet landward of the OHW.
Recreational Vehicles
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Must meet structural setback requirements.
Restrictions do not apply to a homeowner that is storing a
State licensed RV on their property.
If located on a tract for more than 14 consecutive days it shall
be considered a residence and must be permitted.
Roads, Driveways, and Parking Areas
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Public and private watercraft access ramps, approach roads,
and access related parking areas are:
1. Permitted for private residential lots only on those lakes
without a DNR public access.
2. Permitted for plat or PUD Controlled Access Lots, or
water-oriented commercial uses.
3. May be placed within shore impact zone provided
vegetative screening, grading/filling, and erosion control
conditions are met.
4. Shall not include asphalt in shore impact zones 1 or 2.
5. Must not exceed 12 feet in width from the lake to the
structure setback line.
6. Shall not include filling of wetlands.
Public and private roads, driveways, and parking areas must:
1. Meet all structure setbacks from the OHW.
2. Must not be placed within bluff and shore impact zones,
when avoidance is an option.
3. Must be designed to take advantage of natural vegetation
and topography to achieve maximum screening from
public waters.
4. Must be designed and constructed to control erosion to
public waters.
Septic System Certifications
• A current compliance inspection for existing sewage treatment
systems shall be conducted prior to the issuance of any permit.
6.
Fill or excavated material shall not be placed in bluff
zones or in a manner that creates an unstable slope;
7. Work in any wetland must be undertaken in
accordance with the rules of the Minnesota Wetlands
Conservation Act, Laws of Minnesota 1991, Chapter
354 as amended;
• Non-shoreland Zone:
1. A land alteration permit is required for all land
alterations, restoration or reclamation, involving the
movement of more than two hundred (200) cubic
yards of earthen material except those done in
conjunction with the operation of an active farm.
2. The movement of more than One Thousand (1000)
cubic yards of earthen requires a conditional use permit
and also the following:
a. Engineered stormwater control and grading plans
including cost estimates;
b. MPCA Stormwater Permit, if more than 1 acres is
disturbed;
c. Financial assurance as indicated in this ordinance.
Shore Impact Zones
• Shore impact zone 1— Land located between the ordinary
high water level of a public water and a line parallel to it at
a setback of 50 percent of the structure setback.
1. Walkout basements cannot extend into shore impact
zone-1.
2. No alteration of wetlands is allowed.
• Shore Impact Zone 2--Land located between shore impact
zone-1 and the structure setback.
1. Walkout basement excavations may extend into shore
impact zone-2
2. No alteration of wetlands is allowed.
Beachs
New beaches on residential lots shall not exceed 14 feet in
width and shall be incorporated in the lake access area.
A one time addition of up to ten (10) cubic yards of sand
may be placed on existing sand beaches on residential lots
with a shoreland alteration permit.
New beaches on water-oriented commercial properties
shall not exceed 25 feet in width.
Berms shall be placed landward of all beaches to prevent
erosion from upland runoff.
Applications of beaches may require an approved
Department of Natural Resources aquatic vegetation
removal permit, where required.
Earthmoving
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Shoreland Zone:
1. Movement of up to 50 cubic yards in the shoreland zone
requires a shoreland alteration permit.
2. Movement of more than 50 cubic yards requires a
conditional use permit and an engineered plan and
performance bond.
3. Total movement of earthen material in Shore Impact
Zones 1 & 2 shall not exceed 50 cubic yards.
4. Mulches or similar materials shall be used, where
necessary, for temporary bare soil coverage, and a
permanent vegetation cover shall be established within 14
days of completion;
5. Methods such as silt fences must be used to minimize soil
erosion and to trap sediments before they reach any public
water.
Stairways, Lifts, and Landings
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Residential: Stairways and lifts must not exceed 4 feet in
width and landings not exceed 32 square feet.
Commercial, public, and planned unit development:
Stairways must not exceed 8 feet in width and landings
not to exceed 64 square feet.
These structures shall be located in the most visually
inconspicuous portion of lots and built in a manner that
ensures control of soil erosion.
Canopies or roofs are not allowed on stairways, lifts, or
landings.
Ramps, lifts, or mobility paths for physically handicapped
persons are also allowed provided the dimensional and
performance standards are complied with in addition to
the requirements of Minnesota Rules, Chapter 1340.
Stormwater Management
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When possible, existing natural drainageways, wetlands, and
vegetated soil surfaces shall be used to convey, store, filter,
and retain stormwater runoff before discharge to public waters.
When natural features and vegetation cannot be used, various
types of constructed facilities such as diversions, settling
basins, skimming devices, dikes, waterways, and rain gardens
may be used.
Disturbed areas shall be stabilized and protected as soon as
possible and facilities or methods used to retain sediment on
the site.
Developments with a total disturbed surface of one or more
acres must have a stormwater pollution prevention plan as
required by MPCA rules.
Impervious surface coverage of a lot shall not exceed 25% of
the lot area.
3. the structure or facility is treated to reduce visibility as
viewed from public waters and adjacent shorelands by
vegetation, topography, increased setbacks or color,
assuming summer, leaf-on conditions;
4. the structure must not be converted for use as human
habitation.
5. the structure shall not be located within a bluff impact
zone.
• Maintenance of existing structures – pre 1991.
1. Requires a shoreland alteration permit.
2. No increase in size or aerial coverage.
3. Maximum 10 feet in height, minimum 4:12 pitch roof.
4. Must be treated to reduce visibility from public waters
and adjacent shorelands by vegetation, topography,
increased setbacks or color, assuming summer leaf-on
conditions.
5. Must not be designed or used for human habitation.
Structure Height
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Structures, unless otherwise exempted in the shoreland area
must not exceed thirty (30) feet in height.
The height will be defined as the vertical distance between the
highest adjoining ground level at the building or ten (10) feet
above the lowest ground level, whichever is lower, and the
highest point of a roof.
Vegetation Alterations
• Intensive vegetation clearing within the shore and bluff impact
zones and on steep slopes is not allowed.
• Shore Impact Zone 1--No trees or shrubs shall be removed
except to accommodate the placement of stairways, landings, or
access paths.
1. All cutting is done by hand and topsoil is not disturbed.
2. Clearing width shall not exceed fourteen (14) feet.
3. Pruning of trees is allowed to provide a view to the water
from the principal dwelling site.
4. Burning of yard waste or other material is prohibited
• Shore Impact Zone 2
1. The removal of 25 % of trees, in a random pattern, and 100
% of shrubs is permitted.
• Bluff Zones--No trees or shrubs shall be removed within a bluff
impact zone except to accommodate the placement of stairways,
landings, or access paths. Clearing width shall not exceed six
(6) feet. Pruning of trees is allowed to provide a view to the
water from the principal dwelling site.
• The screening of structures, vehicles, or other facilities as
viewed from the water, assuming summer leaf-on conditions, is
not substantially reduced.
• The existing shading of water surfaces along the shoreline is
preserved during summer leaf-on periods of the year.
• Naturally dead or diseased trees may be removed.
Water Oriented Accessory Structures
• Each water-oriented commercial property may have one wateroriented accessory structure not meeting the normal structure
setback in Land Use Ordinance, if this water-oriented accessory
structure complies with the following provisions:
1. the structure or facility must not exceed ten feet in height,
including a minimum 4:12 pitch roof, and cannot occupy an
area greater than 250 square feet;
2. the setback of the structure or facility from the ordinary high
water level is at least twenty feet;
Cass County Environmental Services
Courthouse, Box 3000
Walker, MN 56484
(218) 547-7241
Fax: (218) 547-7429
www.co.cass.mn.us