Duluth UDC § 802.02

The following specific activities are exempt from Section 803, however any activity within a state waters buffer must meet State requirements: 1. Activities for the purpose of building one of the following: a. A stream crossing by a driveway, transportation route including but not limited to bike paths and pedestrian trails, or utility line; b. Public water supply intake or public wastewater outfall structures; c. Land development necessary to provide access to a property; d. Public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks; e. Unpaved foot trails and paths; f. Activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used; 213 | P a g e Article Eight. Environmental Protection g. Stormwater outfalls to the stream, by pipe or channel, necessary to protect the buffer from erosion caused by high flow velocities due to steep slopes. 2. Public sewer line installation in easements running parallel with the stream where necessary, except that all easements (permanent and construction) and land disturbance within a state waters’ buffer must meet State requirements. This includes such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures. This exemption shall not be construed as allowing the construction of roads, bike paths or other transportation routes in such easements, regardless of paving material, except for access for the uses specifically cited in subsection 802.02(a), above. 3. Land development activities within a dedicated transportation right-of-way existing at the time the requirements of this Code Division first took effect under the predecessor ordinance, or which are permitted under the terms of this Code Division. 4. Within an easement of any utility existing at the time the requirements of this Code Division first took effect under the predecessor ordinance or approved under the terms of this Code Division, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures. 5. Emergency work necessary to preserve life or property. However, when emergency work is performed under this subsection, the person performing it shall report such work to the Planning and Development Department on the next business day after commencement of the work. Within 10 business days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the Planning and Development Department to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area. 6. Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development activity. If such activity results in land disturbance in the buffer that would otherwise be prohibited, then no other land disturbing activity other than normal forest management practices will be allowed on the entire property for three years after the end of the activities that intruded on the buffer. 7. Pervious surface multi-use trails no more than 12 feet in width and activities related to construction of a multi-use trail no more than 12 feet in width, provided the trail complies with the requirements of the Soil Erosion, Sedimentation and Pollution Control section in Article 10 of this Development Code. 8. Detention/water quality ponds provided said ponds comply with all other local, state and federal requirements including but limited to the Floodplain Management section of this Article, the Soil Erosion, Sedimentation Pollution Control section of Article 10 of this Development Code, and U.S Army Corp of Engineers wetlands regulations in this Article.