Northstar Sierra Club

This year the Sierra Club in Minnesota created a website for Twin Cities residents and communities that explains local planning processes for those who want to get involved in local landuse decisions. The site gives visitors (1) a basic understanding of community planning by walking them through planning processes and terms used in “Anytown, U.S.A,Rdquo; and (2) a searchable map where citizens of the sevencounty metro area can find out more about planning processes and land use policies in their own county, city or township.

Anytown, USA includes a colorful 2-page “Activist’s Guide to Land Use Planning” packed with summary information. The searchable map quickly allows one to see web sites for specified municipal planning departments, planning flow charts, land use maps, and contact information for staff and elected officials.

Eleanor Burkett, Regional Extension Educator, Univ. of MN Extension Service, (888) 241-0720

Shoreland before and after planting.

Twenty seven lake shore owners and one agency professional attended the Maintenance for Shoreland Revegetation workshop held on July 9 in Crow Wing County. The bus tour was led by Regional Extension Educators Eleanor Burkett and Mary Blickenderfer.

Participants learning plant identification.

Participants visited three lakeshore restoration properties, including one in its third year of plant growth, one in its second year of plant growth, and a no-mow shoreland revegetation (a property owner simply stopped mowing a section of shoreline to allow natural revegetation to occur). Two properties had rain gardens and other innovative techniques installed to help stop erosion and runoff problems. At each stop on the tour participants learned the goals for the property, the design plan, and site specific needs and preparation. Discussions included which techniques and plants worked best in each location, what hadn’t worked, and what could be done to improve the restoration project. Participants also learned how to identify native and nonnative plants. This Maintenance for Shoreland Revegetation workshop was a new venture for the Shoreland Education Program.

Solution for road erosion problem.

John Steward, Leech Lake Watershed Project & Foundation, Coordinator, (218) 547-1770

So, you are a shoreland owner in the Land of 10,000 Lakes. We do love our Minnesota lake property don’t we? This only makes sense, as great times happen here. Experiences like catching your first largemouth bass, bagging a brace of mallards on the perfect foggy morning, or watching your granddaughter discover nature’s wonders along the same shoreline you did when you were young, turn into powerful memories and form Minnesota’s lake heritage. Our lake heritage may be under threat. Minnesota is being discovered as a high-amenity resource state and is undergoing tremendous development pressure. Many landowners are concerned with main-taining their property in a relatively undeveloped state. How does a landowner protect his or her cherished land for the long term?

One answer is placement of a conservation easement. A conservation easement is a legal document in which a landowner retains title to a given property, while voluntarily restricting uses of the property. A conservation organization is designated to monitor and enforce the use restrictions for a given term or in perpetuity. As a result, present owners of a parcel can better assure cherished lands may be passed onto future generations to enjoy as they did.

There are many kinds of land easements commonly used for purposes like private and public roadways and forest roads, water flowage ditches, gas pipelines, electrical power and telecommunication lines, recreational trails, railroads, and hunting or fishing use easements. Land ownership comes with a bundle of rights, an easement; such as mentioned above may represent one stick in the bundle for a property. So for example, if a road easement is sold or conveyed to a township, the township holds the right to use that parcel for roadway purposes via its ownership of the easement. So too, if a lakeshore or woodlot owner is concerned about conserving their property, they may donate and/or sell an easement to a conservation- minded private non-profit organization such as the Minnesota Land Trust or the Leech Lake Area Watershed Foundation. Also, conservation easements may be donated to public agencies, such as the Minnesota Department of Natural Resources, for management.

Conservation easements are a relatively new tool for Minnesota, but are growing in use by private landowners to meet their conservation goals. Each easement is different and is driven by the landowner who controls the direction of the project. For instance, a person with natural shoreline may choose to reserve one cabin site for future needs, placing a no build easement restriction on the balance of the area, as they never plan to build on it. Other benefits may include: development of a property management plan, aid in estate planning, and potential tax deductions (consult your tax adviser). Timing is important in an easement project. There may be an advantage to when you complete your action in regard to taxes, estate planning, property taxes, health, residency, funding its sale, and more.

Such projects make excellent partnerships with lake association conservation committees, County Soil and Water Districts (SWCD), or the Leech Lake Area Watershed Foundation (LLAWF). Completed easement projects may be found in lake-rich counties of Itasca, Cass, Aitkin, Crow Wing, Hubbard and beyond. Some landowners can afford to donate a no-build easement on an undeveloped portion of property while others would like to but cannot afford it. This is where a purchase/donation option may be of interest. Also, more information about recently-completed easement projects by the Leech Lake Watershed Project & Foundation is available to those considering an easement project (by client permission).

Conservation easements are an emerging and powerful lake management tool and are a great option for land-owners to consider in their plans for the future of their property. All decisions are the landowners’ to make. And if you move forward, chances are you are conserving the same place you or one of the kids landed that first bucketmouth bass by the brush tangle near the white cedar clump!

For more information about conservation easements, contact your county or state conservation office. Technical assistance and information may be available from different sources depending upon what county your property is located, including sources like: County SWCD, LLAWF, lake associations, MN DNR, Minnesota Land Trust, etc., or the Leech Lake Watershed Project & Foundation. Also, Land Protection Options - A Handbook for Minnesota Landowners, is available online at the Minnesota Land Trust Web site.

Impervious surfaces are one result of community growth that can be directly measured. It is an important indicator – an understandable measure of our surroundings. It is used to show changes in environmental conditions and to gauge the health of our natural resources. This article discusses the relationship between impervious surfaces and urban land uses.

Urban uses change the local water balance. As is illustrated in Figure 1, removal of natural land cover disrupts the water balance. Imperviousness changes the routing and timing for water to reach a lake or stream. Trees, shrubs and grasses are natural land covers. They shelter the soil surface from rain, wind and surface erosion, intercept precipitation, and filter rainwater. When rain reaches the ground, leaf litter and shallow roots are there to absorb it, as if they were a sponge, thus recycling the rainwater. Some rainwater eventually evaporates into the atmosphere. This absorption and recycling is called evapotranspiration. Natural land covers encourage the movement of rain that has soaked into the ground into wetlands, lakes and streams. This movement of water is called “interflow.” Natural vegetation also enhances deeper water movement, or “base flow.” At the latitude and climate of our nearby state, Wisconsin, the cumulative evapotranspiration generally accounts for around 70% of the total amount of the annual precipitation. Another 13% becomes stream flow and 17% groundwater (Steuer and Hunt, 2001).

Figure 1: Water Balance Illustration. Source: Center for Watershed Protection.

Land use consists of many different land covers. Some do not soak up water (impervious) while others do (pervious). For example, impervious roofs, driveways and sidewalks along with pervious lawns, flower gardens, trees, and shrubs define residential land use. Compacted lawn and agricultural field soils are a middle ground between hard, impervious surfaces and spongy natural land covers. Where a parking lot may be 95% impervious, a residential lawn may be 40% impervious and natural land covers are nearly zero (Anacostia, 1991).

Several studies have estimated imperviousness for different urban land use categories. The table below summarizes two such studies. The percentages estimated in the studies reflect the general urban use category, but each community should determine values that truly reflect their specific situation.

The unintended results of large percentages of impervious surfaces in urban areas include:

• Removal of natural storage, retention, and recycling of precipitation.
• Significant increases in overland runoff into surface waters.
• Decreases in stream base flow and groundwater recharge.
• Widening of stream channels. · Increases in floodwater velocities.
• Increases in the magnitude and frequency of flooding.
• Stream morphology changes because of the altered hydrology (Anacostia, 1991).

In urbanizing communities, impervious surfaces have replaced roots, leaf litter, and forest canopies that were once available to absorb and recycle precipitation. Where precipitation was once able to percolate into the ground and infiltrate to the water table or contribute to stream and lake base flows, now most precipitation runs off directly into our wetlands, lakes, and streams. Natural processes are no longer available to absorb and recycle rainwater and snow melt.

Under natural conditions, overland runoff is a relatively minor component of the water balance. Urbanization suddenly makes runoff a significant and probably the most visible component of the hydrologic cycle. The absolute change resulting from a single parking lot may not seem significant, but the cumulative impact of several parking lots, roof tops, roads, divided highways and the like are significant. More water is able to reach a stream or lake more quickly. Existing stream channels will likely not be able to effectively handle the added stormwater. Water flows over channel banks. Small rain showers, which often never reached the streams as overland flow, now result in bank full floods or worse. This has caused significant problems in Minnesota. Since the Mississippi flooded in 1993, communities in the Minneapolis/ St. Paul region have experienced three 100-year floods. This is either a very unfortunate statistical aberration, or the imperviousness of the watersheds has indeed altered the frequency and magnitude of flood events. Several million dollars of repairs and remediation have been necessary as a result of the floods.

Community Actions

Adopt community planning policies to:

• Identify surface water resources.
• Identify natural features associated with water resources, such as forested areas, steep slopes, and wetlands.
• Establish policy statements to create natural buffer zones around surface water bodies and wetlands.
• Establish policy statements to preserve and enhance natural features.
• Establish design policies to retain stormwater runoff and encourage inflow and base flow.

Adopt tools to implement a comprehensive plan that will address the unintended impacts of imperviousness:

• Enact overlay zoning districts, which encourage no development or construction activities within all surface water riparian zones.
• Enact cluster options or Planned Unit Development amendments to existing zoning ordinances, which provide methods and priorities to protect sensitive natural features from development in exchange for possible design incentives to private developers.
• Include conservation easements with thirdparty oversight provisions in subdivision control ordinance requirements to permanently preserve and maintain sensitive natural features.
• Enact landscaping ordinances to require tree planting and landscaping standards for new and renovated parking lots, street rights-of-way, and new subdivisions.

Modified from an article written by Glenn Bowles, AICP, Center for Land Use Education, UW-Stevens Point, www.uwsp.edu/cnr/landcenter, (715) 346-3783.

Sources:

• Anacostia Restoration Team, 1991. Watershed restoration handbook, Department of Environmental Programs, Metropolitan Washington Council of Governments.
• Arnold, Chester L. and C. James Gibbons, 1996. Impervious surface coverages, Journal of the American Planning Association, Vol. 62(2), pages 243 to 258.
• Bannerman, 2001. Ultra-urban connected impervious cover percentage. Unpublished data from an email communication.
• Cappiella and Brown, 2001. Land use and impervious cover in the Chesapeake Bay region, Urban Lake Management, pages 835- 840.
• NEMO, 2001. Addressing imperviousness in plans, site design, and land use regulations, Nonpoint Education for Municipal Officials, University of Connecticut, College of Agriculture and Natural Resources. http://www.caur.uconn.edu/ces/nemo.
• SEMCOG, 2000. Putting Southeast Michigan’s water quality plan into action, tools for local governments. Southeast Michigan Council of Governments, Detroit, Michigan.
• Steuer, J.J. and R.J. Hunt, 2001. Use of a watershed modeling approach to assess hydrologic effects of urbanization, North Fork Pheasant Branch Basin near Middleton, Wisconsin, U.S.G.S. Water Resources Investigation Report 01-4113. Middleton, Wisconsin.

Coconut fiber log used to control erosion.

Coconut fiber logs are frequently used in shoreland restoration projects – usually to protect an eroding shoreline (see From Shore to Shore Nov-Dec 2003) or to protect newly installed aquatic plants from wave action. They are made of compressed coconut fiber surrounded by a mesh tube. They are usually 10 feet in length and range in diameter from 6-20 inches. Their life expectancy is 3-5 years – herein lies a potential problem…

In 1999, a shoreland restoration project was installed on a Minnesota lake, using coconut fiber logs anchored at the water’s edge to protect the planting. Native plant seed and plants were installed in the upland and wet transition portions of the project, and aquatic plants were established offshore in shallow water. One…two…three years passed. Aquatic, wet transition and upland plants all flourished under the owner’s care and spread to form a beautiful shoreland buffer. The fiber log held fast in spite of waves, floods and ice action. Some “volunteer” plants started to grow in the fiber log itself. The owners were pleased…until year four. In 2003, the fiber log began to decompose (as expected), the log and plants growing in the log were gradually swept away by wave action, and the soil and well-established plants behind the log were soon to follow. By mid-summer of 2003, only the upland portion of the shoreland planting remained.

While a very unfortunate situation for the shoreland property owner, future users of coconut fiber logs can benefit from the lessons learned at this site:

1. There is a limited window of time (3-5 years) to establish dense vegetation in and around the coconut fiber log. (There was limited vegetation growing in the fiber log and none growing between it and the aquatic vegetation at this site.) The logs should be placed so that they are partially submerged along their entire length during the average summer water level. At this location they can protect the plants behind it from uprooting, protect exposed soil from eroding, and provide favorable moisture conditions within the log to promote plant growth. Dense plantings of wet transition and emergent aquatic plant species directly behind the logs will naturally spread water-ward and grow through the fiber logs in the process. Aquatic plantings directly in front of the logs will further protect the area from wave and ice action.
2. The vegetation established in and around the coconut fiber log must have a very dense and/or stout perennial root system that can withstand ice and wave action, as well as seasonal water fluctuation. (The vegetation that established by itself on the fiber log at this site was primarily fine, shallow rooted flower species – some annual.) Plant selection is crucial in this area of high erosion. Species with underground stem and root systems that are very resistant to erosive forces and adapted to fluctuating water levels include: hard- and soft-stemmed bulrush, three-square, spike rushes, sedges, sweetflag, arrowhead, and burreed. Plantings at the water’s edge should be predominantly these species. Further up in the wet transition zone, willow, redosier dogwood, other flood-tolerant shrubs and flowers can be added. Many of the showy, wet transition flower species do not have root structures that will resist erosion and should be used sparingly at high-energy sites.

To view a very successful shoreland project at a very difficult site (extreme water fluctuation, wave action, and high human use area) visit Lake Phalen. The Ramsey- Washington Metro Watershed District and the City of St. Paul Division of Parks and Recreation have worked together to established a shoreland buffer along the southern portion of the lake that is a wonderful example of effective use of vegetation for both shoreline erosion control and upland beauty. For background information on this project visit www.rwmwd.org.

Bills have been introduced in the Minnesota legislature to expand restrictions imposed by the Minnesota Phosphorus Lawn Fertilizer Law, which went into full effect this January. Introduced as HF 2005 by Rep. McNamara, and SF 1999 by Sen. Sparks, the bills would expand the requirement for zero percent phosphate lawn fertilizer use from the Twin Cities metro area to statewide. The current law allows use of up to three percent phosphate lawn fertilizer outside of the seven county Twin Cities metro area.

The bill has gained committee approval in the House and has moved back to the House floor for a vote. A Senate committee hearing has not been scheduled as of March 12, but Rep. McNamara sees strong support in both the House and Senate, and anticipates the bill passing this legislative session. If passed, the requirement for statewide zero percent phosphate lawn fertilizer use is anticipated to become effective January 2006.

While anticipating the results of this legislation, it is good to be familiar with the current Minnesota Lawn Fertilizer Law. There is confusion! Key points to be aware of are:

• Metro and non-metro areas are under different restrictions (the above bills would move to uniform restrictions state-wide).
• It is a restriction, not a ban! Lawn fertilizer higher than zero percent phosphate in the metro, and three percent phosphate in nonmetro, can be used when need is indicated.
• It is a restriction on use, not on sale. Stores are free to sell phosphorus lawn fertilizer, or not to sell phosphorus-free lawn fertilizer. It is up to the user to purchase the correct product.

More information is available at the Minnesota Department of Agriculture’s Web site or by calling (800) 967-2474.

Enforcement of the law is the responsibility of local municipalities - cities, counties, and townships. Few, however, see enforcement as being practicable; most see that the law’s real value is raising people’s awareness and making phosphorus-free lawn fertilizer widely available. In that regard, the law is successful. People are more aware of the connection between phosphorus runoff and green lakes, and phosphorus-free lawn fertilizer is more easily found in the metro area since the law was created in 2002.

These terms may be new to many Minnesotans, but they are likely to become common vocabulary among property owners and professionals discussing options for controlling erosion along shorelines – thanks to a new brochure, Shoreland Erosion Control for Property Owners, that describes appropriate use and detailed installation of these materials.

Erosion is common along many of our lakes, rivers, and streams. Although erosion is a natural part of river and stream development as watercourses track across a flood plain, the increased incidence and severity of shoreline erosion along waterways and around lakes is often related to human land and water use. Described in this brochure are simple and relatively low- or no-cost bioengineering materials that property owners can install themselves along shorelines experiencing mild to moderate erosion (for severe erosion problems, owners should consult with their local Soil and Water Conservation District).

Shores with a slight to moderate erosion can benefit from one or more of the methods described in this fact sheet.

“Bioengineering” refers the use of living plants materials and/or non-living plant products to create a protective “soft” armor against erosive forces. When installed properly, live stakes, control.pdf willow wattles and/or coconut fiber logs perform several functions at the waters edge. They protect erosion faces from direct wave and ice action and create a more gradual slope over which waves and ice can flow. They also form a protective layer of vegetation that helps hold soil in place and provides wildlife habitat.

Coconut fiber logs.

“Shoreland first aid” is an important first step in dealing with immediate erosion problems. However, to be most effective, potential causes of erosion should be identified and addressed with additional preventative measures. A few common causes of erosion at should be considered are: Was the natural wave break of aquatic plants removed? Were the deep-rooted wetland plants replaced with shallow-rooted turf or damaged by increased foot or vehicle traffic? Has run-off increased due to impervious surfaces or been channelized via paths, ditches, pipes? Has wave action from boat traffic increased? Is there an unnatural change in water level? Are muskrats burrowing into the shore? If these conditions exist along your shoreland property, additional aquatic and wetland plants may need to be installed, traffic and run-off may need to be redirected, or “no wake zones” may need to be established.

The brochure, Shoreland Erosion Control for Property Owners, can be viewed and downloaded as a PDF file from the Shoreland Management web site.

People are attracted to northern Minnesota lakes and rivers having good water quality and relatively pristine environments. But just how much are buyers of lakeshore property willing to pay for water quality and a natural environment? How much will property prices change with a change in water quality? What market trends do we see in lakeshore property within the Upper Mississippi River watershed?

Mississippi watershed lake counties.

The Mississippi Headwaters Board and Bemidji State University joined forces to answer these questions for lakes in the Upper Mississippi River Watershed—the first indepth study of this kind in Minnesota.

According to this study of 1205 properties on thirty seven lakes in the Mississippi River headwaters area , “property prices paid are higher on lakes having higher water quality. In other words, buyers of lakeshore properties prefer and will pay more for properties on lakes with better water quality. Therefore, sustaining and/or improving lake water quality will protect and/or improve lakeshore property values.”

Should the water clarity of a lake increase one meter, one would expect a property price increase of between $1.08 (Balsam Lake) and $423.58 (Leech Lake) per frontage foot! “On the other hand, if water quality is degraded, lower property values will result, which in turn will increase the demand and development pressures on remaining lakes with the better water quality and ultimately lowering their water quality as well.”

In the Aitkin area greater prices are paid for shoreland properties that are more ecologically healthy – a preference that “will promote and establish sustainable investments by owners of Minnesota’s riparian properties.” However, in the Brainerd, Walker and Bemidji areas, “buyers of lakeshore properties prefer and pay more for the more developed and urbanized properties. This tendency seems to reveal that buyers prefer a condition that has and can contribute to degrading lake water quality – a contradiction of their preference for locating on lakes with higher water quality. The value of providing information to lakeshore property buyers and owners (in these areas) to understand this contradiction – revise riparian thinking and ultimately land management – is clearly evidenced here if water quality is to be protected.”

References:

The final report (Krysel, C. et al. 2003. Lakeshore Property Values and Water Quality: evidence from property sales in the Mississippi Headwaters Region) from which the map and information for this article were adapted can be viewed and downloaded from the Bemidji State web site.

Students from one of the St. Cloud Tech High School Environmental Science classes.

Lake George has seen many changes in the past two years. It has gone from a steep, gravel and lawn shoreline to a natural habitat of trees, shrubs, native grasses, and wildflowers.

The restoration project was designed and established by Greg Berg, a Shoreland Specialist from the Stearns County Soil and Water Conservation District (SWCD), the Central MN Joint Powers Engineering Staff, and approximately 400 St. Cloud Tech environmental science students over the past two years. The project received $24,219 through the MN DNR Shoreland Habitat Restoration Program. The students helped plant over 110 trees and 17,000 native grasses and forbs along the lake; both in the water as aquatics and on the upland portion. The Natural Resources Conservation Service (NRCS) also helped with the planting and project coordination.

The project began seeing change in the spring of 2002 when the southern and western shoreline of the lake was restored to natural habitat. In the summer of 2003, more plants were added to the southern area after many did not survive due to heavy rains and flooding. To stabilize the damaged shoreline, an erosion blanket was brought in, filled with topsoil and seeded with annual rye grass for stabilization. The area was also planted with native plants to help stabilize the soil and shoreline area.

Lee Zabinski, NRCS Technician and students install an erosion blanket and plantings to prevent shoreline erosion.

The north section of the lake was re-graded and sloped with topsoil to prepare the area for planting. The area was then seeded with annual rye grass, native grass, and wildflowers. After seeding, the site was covered with an erosion blanket and planted by the students.

Melanie Boike, NRCS Soil Conservationist, weeding the area planted in the spring of 2002.

Restoring the area back to a native plant community helps create a buffer zone to filter out sediment and prevent other pollutants from entering the lake. This project will not only improve water quality by reducing the erosion, but it also is aesthetically pleasing, adding a variety of color, a natural look to the land, and improved habitat for wildlife. The site also provides an outdoor classroom for students, both during project implementation and in the future.

Ron Struss, Metropolitan Education Coordinator

Want instant confusion over land use regulations? Then “just add water!” Those of you who have sorted out a zoning ordinance or applied for a permit know how confusing it can be. The grid below is offered to clear the haze hanging over shoreline and shoreland regulations. But first some definitions!

State Statute:

A law created by the state legislature that gives authority to state or local government to regulate an activity. State statutes can be complete in themselves or call for the creation of state rules to provide specifics for implementation.

State Rule:

State rules provide specifics needed by certain state statues so they can be implemented. Rules are established by state agencies, and have the force and effect of law. Agencies cannot establish rules without authority from the legislature.

Local Rule (ordinance):

Local rules are established by town, city, and county governments and special units of government such as watershed districts. Authority for establishing local rules is given by the state. A common form of local rule is the ordinance.

Permit:

Permits give authority to carry out a specific activity, providing requirements that apply are followed. Permits can be issued by local, state, or federal government.

Shoreland management: Land alterations within 1,000 feet of a lake, or 300 feet of a river and its designated floodplain. Projects include building of structures, installing or replacing sewage treatment systems, or substantially altering the shoreland landscape.

Discussion: The state sets standards for shoreland regulations but does not enforce them. That is the job of local government. The state requires local units of government to enact and enforce rules that are as, or more restrictive as the state standards. An explanation of state shoreland development standards can be found on the DNR web site. Watershed districts are covered by a different state statute than towns, cities and counties.

Shoreline alterations: Land alterations below the Ordinary High Water Level (OHWL) in public waters or public waters wetlands. Projects include filling, excavation, shore protection, bridges and culverts, structures, docks, marinas, water level controls, dredging, and dams.

Discussion: The state may require one or more of the following DNR permits for shoreline alterations: Public Waters Work Permit, Aquatic Plant Management Control Permit, or a Fisheries Permit. Working in the shoreline area is tricky because in addition to the state, local and federal (Army Corp of Engineers) controls might apply. It is best to check with all three levels of government before undertaking a project. Information on working in public waters and public water wetlands is at the DNR web site.