1-14 Bill No. 2024-16City of Richfield January 14, 2025
County of Hennepin
State of Minnesota
BILL NO. 2024-16
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Motion by: Hayford Oleary
Seconded by: Coleman-Woods
AN ORDINANCE AMENDING CHAPTER V OF THE
RICHFIELD CODE OF ORDINANCES PERTAINING TO FLOODPLAIN
MANAGEMENT REGULATIONS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Chapter V, Section 550 of the Richfield Code of Ordinances is
amended as follows:
550.01. Statutory authorization and purpose.
Subdivision 1. Statutory Authorization. The legislature of the State of Minnesota
has, in Minnesota Statutes Chapter 103F and Chapter 462, delegated the responsibility
to local government units to adopt regulations designed to minimize flood losses.
Subd. 2. Purpose.
(a) This ordinance regulates development in the flood hazard areas of Richfield. 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.
(b) National Flood Insurance Program Compliance. This ordinance is adopted to comply
with the rules and regulations of the National Flood Insurance Program codified as
44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the
community's eligibility in the National Flood Insurance Program.
(c) 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.
550.03. General provisions.
Subdivision 1. Lands to Which Ordinance Applies.
This ordinance applies to all lands within the jurisdiction of the City of Richfield shown on
the Flood Insurance Rate Maps adopted in Subsection 550.03, Subdivision 2 as being
located within the boundaries of the Floodplain District. The Floodplain District is an
overlay district that is 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. For areas within the
Minnehaha Creek Watershed District (MCWD), the MCWD’s Floodplain Alteration Rule,
as may be amended from time to time, and subsection 550.15 shall apply, whichever is
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most restrictive.
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Subd. 2. Adoption of Flood Insurance Study and Maps. 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 Hennepin County, Minnesota, and Incorporated Areas, dated
November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated
November 4, 2016, all prepared by the Federal Emergency Management Agency. These
materials are on file in the Public Works Maintenance Facility at 1901 E 66th St, Richfield,
MN 55423.
Effective Flood Insurance Rate Map panels:
27053C0364F
27053C0368F
27053C0369F
27053C0388F
27053C0452F
27053C0456F
27053C0457F
27053C0476F
Subd. 3. Interpretation. The boundaries of the Floodplain District are determined by
scaling distances on the Flood Insurance Rate Map.
(a) Where a conflict exists between the floodplain limits illustrated on the official zoning
map and actual field conditions, the flood elevations must be the governing factor.
The Zoning Administrator Water Resources Engineer must interpret the boundary
location based on the ground elevations that existed on the site on the date of the
first National Flood Insurance Program map showing the area within the regulatory
floodplain, and other available technical data.
(b) 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.
Subd. 4. Abrogation and Greater Restrictions. It is not intended by this ordinance to
repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
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.
Subd. 5. 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 of Richfield or any officer or employee thereof for any flood damages that result
from reliance on this ordinance or any administrative decision lawfully made hereunder.
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Subd. 6. 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.
Subd. 7. Definitions. Unless specifically defined below, words or phrases used in this
ordinance must be interpreted so as to give them the same meaning as they have in
common usage and so as to give this ordinance its most reasonable application.
(a) Base Flood - The flood having a one percent chance of being equaled or exceeded
in any given year.
(b) Base Flood Elevation - The elevation of the "regional flood," as defined. The term
"base flood elevation" is used in the flood insurance survey.
(c) Development - Any manmade change to improved or unimproved real estate
including, but not limited to, buildings, manufactured homes, and other structures,
recreational vehicles, mining, dredging, filling, grading, paving, excavation, drilling
operations, or storage of materials or equipment.
(d) Farm Fence - A fence as defined by Minn. Statute § 344.02 Subd. 1(a)—(d). An open
type fence of posts and wire 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 not permitted in the Floodplain District.
(e) Flood Fringe - The portion of the floodplain located outside of the floodway. Flood
fringe is synonymous with the term "floodway fringe" used in the Flood Insurance
Study, Hennepin County, Minnesota and Incorporated Areas.
(f) 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).
(g) Floodplain - The areas adjoining a watercourse which have been or hereafter may
be covered by the regional flood.
(h) 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 regional flood discharge.
(i) Manufactured Home - A structure, transportable in one (1) 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."
(j) Obstruction - Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence (with the
exception of farm fences), 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.
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(k) 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."
(l) Regional Flood - A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of the one (1) percent
chance/100-year recurrence interval. Regional flood is synonymous with the term
"base flood" used in the Flood Insurance Study.
(m) Regulatory Flood Protection Elevation - An elevation no lower than one (1) foot above
the elevation of the regional flood plus any increases in flood elevation caused by
encroachments on the floodplain that result from designation of a floodway.
(n) Structure - Anything constructed or erected on the ground or attached to the ground,
including, but not limited to, buildings, factories, sheds, detached garages, cabins,
manufactured homes, and other similar items.
(o) Substantial Damage - 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.
(p) 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:
(i) 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.
(ii) 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.
550.05. Establishment of floodplain district.
Subdivision 1. Areas Included. The Floodplain District for the City of Richfield
includes those areas designated as Zone AE on the Flood Insurance Rate Maps adopted
in Subsection 550.03, Subdivision 2. The Floodplain District is an overlay district to all
existing land use districts. The requirements of this ordinance apply in addition to other
legally established regulations of the community. Where this ordinance imposes greater
restrictions, the provisions of this ordinance apply.
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Subd. 2. Compliance. 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 ordinance and other applicable regulations.
Within the Floodplain District, all uses not listed as permitted uses in Subsection 550.07
are prohibited.
550.07. Permitted uses and standards in the floodplain district.
Subdivision 1. Permitted Uses. The following uses are permitted within the
Floodplain District without a permit provided that they are allowed in any underlying
zoning district and not prohibited by any other ordinance; and provided that they do not
require structures, fill, obstructions, excavations, drilling operations, storage of materials
or equipment or any other form of development as defined in Subsection 550.03,
Subdivision 7 of this ordinance. If the use does require fill, obstruction, excavation,
storage of materials or any other form of development as defined in Subsection 550.03,
Subdivision 7 of this ordinance, a permit and compliance with Subsection 550.07,
Subdivision 2 of this ordinance is required. The permit requirement may be waived if there
is an application for a public waters work permit from the Department of Natural
Resources.
(a) Agricultural uses such as general farming, pasture, grazing, forestry, sod farming,
and wild crop harvesting. Farm fences that do not obstruct flood flows are permitted.
(b) Outdoor plant nurseries and horticulture.
(c) Private and public recreational uses such as golf courses, tennis courts, driving
ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas,
parks, wildlife and nature preserves, game farms, shooting preserves, target ranges,
hunting and fishing areas, and single or multiple purpose recreational trails.
(d) Lawns, gardens, parking areas, and play areas.
(e) Railroads, roads, bridges, utility transmission lines, pipelines and other public utilities,
provided that the Department of Natural Resources is notified at least ten (10) days
prior to issuance of any permit.
Subd. 2. Standards for Permitted Uses.
(a) The use must have low flood damage potential.
(b) The use must not cause any increase in the stage of the one (1) percent chance or
regional flood or cause an increase in flood damages in the reach or reaches
affected. This provision applies to structures (temporary or permanent), fill (including
fill for roads and levees), deposits, obstructions, storage of materials or equipment,
and all other uses.
(c) Floodplain developments must not adversely affect the hydraulic capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage system.
(d) Public utilities, roads, railroad tracks and bridges to be located within the floodplain
must be designed in accordance with Subsection 550.07, Subdivision 2, Clauses (b)
and (c) above, or must obtain a Conditional Letter of Map Revision meeting the
requirements of 44 CFR 603(d).
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(i) When failure or interruption of these public facilities would result in danger to the
public health or safety or where such facilities are essential to the orderly
functioning of the area, such facilities must be elevated to the regulatory flood
protection elevation.
(ii) Where failure or interruption of service would not endanger public health or
safety, minor or auxiliary roads, railroads or utilities may be constructed at a
lower elevation.
(e) New or replacement water supply systems and sanitary sewage systems must be
designed to minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters.
550.09. Administration.
Subdivision 1. Zoning Administrator. A Zoning Administrator The Water Resources
Engineer or other official designated by the City Council must administer and enforce this
ordinance.
Subd. 2. Development Approvals. Any construction, enlargement, alteration, repair,
improvement, moving or demolition of any building or structure must comply with the
requirements of this ordinance. No mining, dredging, filling, grading, paving, excavation,
obstruction, drilling operation or other form of development as defined in Subsection
550.03 of this ordinance are allowed, other than the uses permitted in Subsection 550.07,
Subdivision 1 and the activities allowed under Subsection 550.11.
Subd. 3. Permit Required. A permit must be obtained from the Zoning Administrator
Department of Public Works prior to conducting the following activities:
(i) Expansion, change, enlargement, or alteration of a nonconforming use as
specified in Subsection 550.11 of this ordinance. 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 Subsection
550.03, Subdivision 7 of this ordinance.
(ii) Any use that requires fill, obstruction, excavation, storage of materials, or any
other form of development as defined in Subsection 550.03, Subdivision 7 of this
ordinance.
(a) Permit applications must be submitted to the Department of Public Works Zoning
Administrator on forms provided for that purpose and shall include the following
where applicable: plans drawn to scale, showing the nature, location, dimensions,
and elevations of the lot; existing or proposed structures, fill, or storage of materials;
and the location of the foregoing in relation to the stream channel.
(b) Prior to granting a permit, the Zoning Administrator Water Resources Engineer must
verify that the applicant has obtained all necessary state and federal permits.
Subd. 4. Variances. An application for a variance to the provisions of this ordinance
will be processed and reviewed in accordance with applicable state statutes. A variance
to the standards outlined in this Section may be requested under City zoning code Section
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547.11.
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(a) 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.
(b) The following additional variance criteria of the Federal Emergency Management
Agency must be met:
(i) 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.
(ii) Variances may only be issued by a community upon (i) a showing of good and
sufficient cause, (ii) a determination that failure to grant the variance would result
in exceptional hardship to the applicant, and (iii) 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.
(iii) Variances may only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(c) The City Council must submit hearing notices for proposed variances to the
Department of Natural Resources sufficiently in advance to provide at least ten (10)
days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to
the respective DNR area hydrologist.
(d) A copy of all decisions granting variances must be forwarded to the Commissioner
of the Department of Natural Resources within ten (10) days of such action. The
notice may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist.
(e) The Zoning Administrator Water Resources Engineer must notify the applicant for a
variance that: 1) 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 2) Such construction below
the base or regional flood level increases risks to life and property.
(f) The Zoning Administrator Water Resources Engineer 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.
Subd. 5. Notifications for Watercourse Alterations. Before authorizing any alteration
or relocation of a river or stream, the Zoning Administrator Water Resources Engineer
must notify adjacent communities. If the applicant has applied for a permit to work in
public waters pursuant to Minnesota Statute, Chapter 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).
Subd. 6. Notification to FEMA When Physical Changes Increase or Decrease Base
Flood Elevations. As soon as is practicable, but not later than six (6) months after the
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date such supporting information becomes available, the Zoning Administrator Water
Resources Engineer must notify the Chicago Regional Office of FEMA of the changes by
submitting a copy of the relevant technical or scientific data.
550.11. Nonconformities.
Subdivision 1. 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 Subsection 550.03, Subdivision 7,
Clause (o)(2) of this ordinance, are subject to the provisions of Subsection 550.11,
Subdivision 1, Clauses (a)—(d) of this ordinance.
(a) A nonconforming use, structure, or occupancy must not be expanded, changed,
enlarged, or altered in a way that increases its nonconformity. There shall be no
expansion to the outside dimensions of any portion of a nonconforming structure
located within the Floodplain District.
(b) The cost of all structural alterations or additions to any nonconforming structure over
the life of the structure may not exceed 50 percent of the market value of the structure
unless the conditions of this Subsection are satisfied. The cost of all structural
alterations and additions must include all costs such as construction materials and a
reasonable cost placed on all manpower or labor. If the cost of all previous and
proposed alterations and additions exceeds 50 percent of the market value of the
structure, then the structure must meet the standards of Subsection 550.11,
Subdivision 2 of this ordinance.
(c) If any nonconforming use, or any use of a nonconforming structure, is discontinued
for more than one (1) year, any future use of the premises must conform to this
ordinance. The Assessor must notify the Zoning Administrator Water Resources
Engineer in writing of instances of nonconformities that have been discontinued for
a period of more than one (1) year.
(d) If any nonconformity is substantially damaged, as defined in Subsection 550.03,
Subdivision 7 of this ordinance, it may not be reconstructed unless it is located in the
flood fringe portion of the floodplain and it is reconstructed in accordance with the
standards of Subsection 550.11, Subdivision 2 of this ordinance.
(e) Any substantial improvement, as defined in Subsection 550.03, Subdivision 7 of this
ordinance, to a nonconforming structure, then the existing nonconforming structure
must be located in the flood fringe portion of the floodplain and meet the requirements
of Subsection 550.11, Subdivision 2 of this ordinance.
Subd. 2. Standards for Reconstruction of Nonconforming Structures. The following
standards and procedures apply to nonconforming structures in the flood fringe portion of
the floodplain, as allowed under Subsection 550.11, Subdivision 1.
(a) All structures, including manufactured homes, must be elevated on fill so that the
lowest floor including basement floor is at or above the regulatory flood protection
elevation. The finished fill elevation for structures shall be no lower than one (1) foot
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below the regulatory flood protection elevation and the fill shall extend at such
elevation at least 15 feet beyond the outside limits of the structure.
(b) Fill must be properly compacted and the slopes must be properly protected by the
use of riprap, vegetative cover or other acceptable method.
(c) Floodplain developments must not adversely affect the hydraulic capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage system.
(d) All manufactured homes must be securely anchored to an adequately anchored
foundation 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.
(e) On-site Sewage Treatment and Water Supply Systems. Where public utilities are not
provided: 1) On-site water supply systems must be designed to minimize or eliminate
infiltration of flood waters into the systems; and 2) 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 and
they shall not be subject to impairment or contamination during times of flooding. Any
sewage treatment system designed in accordance with the State's current statewide
standards for on-site sewage treatment systems shall be determined to be in
compliance with this Subsection.
(f) 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.
(g) Record of First Floor Elevation. The Zoning Administrator Water Resources Engineer
must maintain a record of the elevation of the lowest floor (including basement) of all
new structures and alterations to existing structures in the floodplain. The Zoning
Administrator Water Resources Engineer must also maintain a record of the
elevation to which structures and alterations or additions to structures are
floodproofed.
550.13. Penalties and Enforcement.
Subdivision 1. 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) constitutes
a misdemeanor and is punishable as defined by law.
Subd. 2. Other Lawful Action. Nothing in this ordinance restricts the City of Richfield
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 Water
Resources Engineer within the specified period of time, each additional day that lapses
will constitute an additional violation of this ordinance and will be prosecuted accordingly.
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Subd. 3. Enforcement. In responding to a suspected ordinance violation, the Zoning
Administrator Water Resources Engineer and City Council 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.
550.15. Floodplain alteration within the Minnehaha Creek Watershed District
(MCWD).
Subdivision 1. Applicability. This sub-section shall apply to those areas within the
MCWD. The MCWD’s Floodplain Alteration Rule and all its definitions are hereby
incorporated by reference. For the purposes of this sub -section only, within the MCWD,
for areas outside the Floodplain District depicted by the Flood Insurance Rate Maps
adopted in section 550.03 Subd. 3, the floodplain is defined as area adjoining a
watercourse or water basin that is covered by the regional flood (i.e., 100 year flood). In
determining the applicability of this section and the location of the floodplain, the Water
Resources Engineer shall use the best available data, including, but not limited to City
hydrologic and hydraulic modeling, Watershed District modeling, mapped floodplain
areas, and adopted water management plans.
Subd. 2. Permit Required. Within the Minnehaha Creek Watershed District, a permit
is required to fill, excavate or grade within the floodplain of a waterbody. For all work
requiring a permit, a structure intended for residential, commercial, industrial or
institutional occupancy must be constructed so that door and window openings are at
least two feet above the 100-year high water elevation of the waterbody.
Subd. 3. Exception. A permit is not required for soil cultivation, soil amendment, or
topsoil or sod addition for ordinary landscaping purposes.
Subd. 4. Criteria. Fill, excavation or grading must conform to the following standards:
(a) Any floodplain fill must be offset so there is no loss in flood storage between the
ordinary high water and 100-year high water elevations. There may not be net
positive fill at any time during the work, unless applicant has demonstrated it is
impractical and has obtained District approval of a sequencing plan for which
applicant’s registered professional engineer has demonstrated that the No -Rise
Standard is met.
(b) Offset for fill in a waterbody other than a watercourse is not required if the applicant
demonstrates that fill on all riparian properties to the extent proposed by the applicant
would meet the No-Rise Standard and not restrict flood flows.
(c) Fill in a watercourse must meet the following criteria:
(i) No impervious surface may be placed within the 10-year floodplain or within 25
feet of the watercourse centerline, whichever greater, unless the surface is: (1)
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no more than 10% of the site 10-year floodplain area; or (2) a linear component
of a public roadway or trail.
(ii) Applicant must meet the No-Rise Standard.
(d) Ice ridge grading within a waterbasin must conform to the pre-existing basin cross-
section. Soil material may be neither imported into nor removed from the floodplain.
Subd. 5. Submittals. The following submittals must accompany the permit application:
(a) Site plan showing property lines, delineation of the work area, existing elevation
contours of the work area, and ordinary high water (OHW) and 100-year high water
elevations. All elevations must be reduced to NGVD (1929 datum).
(b) Grading plan with proposed elevation changes.
(c) Preliminary plat, if applicable.
(d) Professional engineer registered in the State of Minnesota’s determination of the 100-
year high water elevation before and after the project and, if paragraph 4(c) applies,
of the edge of the 10-year watercourse floodplain. A DNR No-Rise Certificate may
be submitted to document conformance with the No -Rise Standard, where
applicable.
(e) Computation by a professional engineer, architect, land surveyor or landscape
architect of volumes of floodplain fill and excavation and, if paragraph 4.c applies, of
impervious surface area adjacent to a watercourse.
(f) If not otherwise subject to the MCWD erosion control rule or City Code section 428,
Erosion and Sedimentation Control Regulations, an erosion control plan conforming
to the requirements of subsection 428.11.
(g) If more than 50 cubic yards of fill have been placed, on project completion applicant
must submit an as-built survey prepared by a professional engineer, architect, land
surveyor or landscape architect documenting locations of floodplain disturbance and
the volumes of fill and created flood storage.
550.157. Amendments.
Subdivision 1.Floodplain Designation—Restrictions on Removal. The floodplain
designation on the Official Zoning Map shall 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
Commissioner of the Department of Natural Resources if the Commissioner determines
that, through other measures, lands are adequately protected for the intended use.
Subd. 2.Amendments Require DNR and FEMA Approval. All amendments to this
ordinance must be submitted to and approved by the Commissioner of the Department
of Natural Resources (DNR) prior to adoption. The Commissioner of the DNR must
approve the amendment prior to community approval.
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Subd. 3.Map Amendments 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 Subsection 550.03, Subdivision
2 of this ordinance.
Section 2. This Ordinance is effective in accordance with Section 3.09 of the Richfield City
Charter.
VOTING AYE VOTING NAY
Supple, Mary Supple, Mary
Burk, Walter Burk, Walter
Christensen, Sharon Christensen, Sharon
Coleman-Woods, Rori Coleman-Woods, Rori
Hayford Oleary, Sean Hayford Oleary, Sean
Adopted by the City Council of the City of Richfield on this 14th day of January, 2025.
Mary B. Supple, Mayor
ATTEST:
Michelle Friedrich, City Clerk