The Hubbard County commissioners are in the process of finalizing changes to the county's shoreland management ordinance.
Environmental Services Officer Eric Buitenwerf presented to the board at a work session Monday the latest draft of amendments, which the Hubbard County Planning Commission reviewed in March.
Buitenwerf said many revisions eliminate overlapping of ordinances, including parts of the subdivison section, which will now refer readers to the Hubbard County Subdivision Ordinance.
Among issues discussed was the ordinary high water (OHW) level of flood-prone lakes, like Lake Belle Taine. The OHW level is the highest water has ever risen on a body of water. Lake Belle Taine's highest water level was in 2001.
Commissioner Lyle Robinson questioned whether or not the OHW levels for some lakes are suitable. On Lake Belle Taine, for instance, some homes are built in flood-prone areas.
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"I agree with Lyle," said commissioner Dick Devine. "It's just common sense to stop them from building on the flood plane." Devine suggested contacting the Department of Natural Resources (DNR) about the matter.
Audience member Irene Weis of Big Sand Lake asked if there are established flood plains in the area. Buitenwerf said there were none.
"I think we should start considering it, especially with lakes like Belle Taine," said Devine.
Commissioner Cal Johanssen said the county could be opening themselves up to potential problems if a lake floods beyond the established OHW level.
"We would certainly be limited by the worse-case scenario. We could work off what we have experienced in the past," said Devine.
Today (Wednesday), the board planned to discuss with DNR commissioner Gene Merriam reference of known established OHW levels when reviewing plats.
Other revisions reviewed Monday include:
? New and amended definitions. The term "boardwalk" was revised as "a permanent elevated structure used to provide access to a lake or river where a wetland is present and no other access point is available."
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A new term, "clustered," describes a development pattern where sites are arranged close to one another to preserve common open space to make effective use of an area.
Another term, "open space," is defined as a portion of a developed site permanently set aside for private use, in common ownership, that will not be developed. Examples include wetlands, wildlife areas, historic sites and upland recreational areas.
? Property owners within 500 feet of proposed variances, one-quarter mile or 10 nearest properties to conditional uses and one-half mile of preliminary plats must be notified at least 10 days in advance of a review.
? Buitenwerf's title changed from "Zoning Administrator" to "Environmental Services Officer."
? Adding lakes where an OHW level has been determined. New additions include Crow Wing Lakes 3 through 7, Stocking, Big Wolf, Crystal, Skunk, Frontenac, Spider, Beauty, Hennepin and Brush lakes.
? Conditional uses required for controlled access lots.
? A 10-foot setback required from the rear lot line of structures and sewage treatment systems.
? A suggestion from Buitenwerf the Planning Commission and Board of Adjustment merge to form one entity. The board would approve or disapprove variances, review plats and conditional uses, and make recommendations to the county board.
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"I've never been much in favor of the Planning Commission being anything other than a recommending body," said Robinson.
"I sometimes think when you get a small group of people doing two jobs, they wield too much power," Devine said to Buitenwerf. "If you reach a point where you need more help, we'll get you more help."
The commissioners did not agree to merge the board and commission, although they decided to mandate one Planning Commission member sit as a voting member on the
Board of Adjustment. It was not decided if this would add one more member or not.
The board planned to schedule a joint public hearing with the Planning Commission within the next month. Frank said the ordinance revisions should be made final by May. A final draft will be available online.
